Allowed

Ghanshyam Choubey v. The State Of Bihar and Ors.

Patna HC7 Apr 2014CWJC/4281/2014

Case brief

AI extract

What is this about?

Writ petition challenging an order directing issuance of a non-bailable warrant under the Bihar and Orissa Public Demands Recovery Act. The High Court of Judicature at Patna intervened, holding that the Certificate Officer failed to consider the petitioner's objection before passing the warrant, violating statutory procedure and natural justice. Relief was granted to quash the warrant and direct r

What did the court decide?

Order dated 14.6.2013 directing issuance of non-bailable warrant by the Certificate Officer is quashed; direction to the respondent to consider the petitioner's objection before taking further action.

Ghanshyam Choubey Vs The State Of Bihar and Ors. — Consumer Protection | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4281 of 2014

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====================================================== 1. Ghanshyam Choubey Son Of Satya Narain Choubey Resident Of Village- Khajhara, P.O.- Darwan, P.S.- Mohaniya, District- Kaimur At Bhabua

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Government Of Bihar At Patna 2. The Bihar State Power Holding Company Ltd., (B.S.P.H.C.L.) Earlier Known As Bihar State Electricity Board, Patna 3. The Chairman-Cum-Managing Director, Bihar State Power Holding Company Ltd. (Bsphcl) 4. The Electrical Executive Engineer, Electric Supply Division, Kaimur At Bhabua 5. The Assistant Electrical Engineer, Electric Supply Sub-Division Ramgarh, District Kaimur At Bhabua 6. The Certificate Officer, District Kaimur At Bhabua 7. The Anchal Adhikari, Ramgarh, District- Kaimur At Bhabua

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Dr. Uma Shankar Prasad, Sr. Advocate Mr. Kamala Kant Tiwary and Ms. Archana Kumari, Advocates. For the Respondents 6 and 7 : Mr. Ajay Bihari Sinha, SC 19. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 07-04-2014 Heard Dr. Umar Shankar Prasad, Senior Advocate for the petitioner and Mr. Ajay Bihari Sinha for the State. The petitioner is facing a proceeding under the Bihar and Orissa Public Demands Recovery Act (For short ‘the Act’) vide Case No. 11E/2012-13 on the file of the Certificate Officer, Kaimur at Bhabhua on an requisition filed by the Bihar State Power Holding Company Limited (For short ‘the Company’) for realization of electric energy dues in the sum of Rs.1,99,942/- .

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Patna High Court CWJC No.4281 of 2014 (2) dt.07-04-2014

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In the said proceeding a notice under section 7 of the Act was issued to the petitioner on 26.2.2013 (Annexure 3). The petitioner filed his objection (Annexure 4) stating therein, inter alia, that at no point of time the electric connection was granted to the petitioner by the Company although an application and fee therefor was filed / deposited. The grievance of the petitioner is that without considering the objection of the petitioner the respondent Certificate Officer has directed for issuance of nonbailable warrant against the petitioner by an order dated 14.6.2013. The entire order sheet of the court of the Certificate Officer in the said proceeding has been enclosed at Annexure 3.

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Dr. Prasad placed the order sheet in order to demonstrate that before directing for issuance of non-bailable warrant, the show cause / objection filed by the petitioner was never considered. It has, therefore, been submitted that the said order directing issuance of non-bailable warrant by the Certificate Officer should be quashed and the said respondent be directed to consider and dispose of the objection of the petitioner in accordance with law before taking any punitive action in the matter.

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Learned counsel for the State on perusing the order sheet of the Certificate officer (Annexure 3) states that it does not

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Patna High Court CWJC No.4281 of 2014 (2) dt.07-04-2014

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appear therefrom that the objection (Annexure 2) filed by the petitioner was considered before directing for issue of nonbailable warrant.

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Under the scheme of the Act if the certificate debtor has appeared pursuant to notice and filed an objection, the same is required to be considered and disposed of in terms of section 9 of the Act. Even otherwise also the rules of natural justices demands consideration of such objection before taking any punitive action against the petitioner.

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Seen thus, this court is persuaded to interfere with the order dated 14.6.2013 passed by the Certificate Officer in Case No. 11E/2012-13 whereby non-bailable warrant was directed to be issued against the petitioner. It will, however, be open to the respondent Certificate Officer to first consider the objection of the petitioner in presence of the parties and after disposing of the same, proceed further in the matter in accordance with law.

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This writ application is disposed of with the aforesaid observation(s) / direction(s).

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(Kishore Kumar Mandal, J)

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haque/-

Ghanshyam Choubey v. The State Of Bihar and Ors.

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Ghanshyam Choubey v. The State Of Bihar and Ors.

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