In an oral order, the Patna High Court declined to intervene regarding the petitioner's execution case seeking expeditious disposal. The Court held that this matter should be approached to the concerned authority or the State Consumer Disputes Redressal Commission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9239 of 2013
| ====================================================== Tarkeshwar Sharma S/O Late Mahadev Sharma Village+ P.O- Kuchaikot, P.S- Kuchaikot, District- Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar Through The District Magistrate, Gopalganj. 2. The Chairman Cum Director Bihar State Power Holding Company Ltd., Patna. 3. The Managing Director North Bihar Power Distribution Company, Ltd. Muzaffarpur. 4. Assistant Electrical Engineer, Kuchaikot, District- Gopalganj. 5. The Junior Electrical Engineer, Kuchaikot, District- Gopalganj. 6. The Executive Electrical Engineer Gopalganj. 7. Prashant Kumar Manju Assistant Electrical Engineer Kuchaikot, Gopalganj. 8. B.N. Singh, Junior Electrical Engineer, Kuchaikot Gopalganj. 9. The District Consumer Disputes Redressal Forum Gopalganj. 10. The Certificate Officer, Gopalganj. 11. The Officer In Charge, P.S- Kuchaikot, District- Gopalganj. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER |
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-03-2014 Heard. |
| The petitioner approached the District Consumer | |
| Forum and filed a case being Case No.32 of 2009 alleging deficient service rendered by the Assistant Engineer, Gopalganj. The said proceeding was allowed by order dated 08.12.2009. For the implementation of the said order the petitioner moved the Forum whereafter a recovery certificate (Annexure-2) was issued. The petitioner wants expeditious disposal of the execution case |
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| filed by him being Execution Case No.12/2010. |
Patna High Court CWJC No.9239 of 2013 (2) dt.11-03-2014
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I am afraid any such order can be passed by this Court invoking jurisdiction under Article 226 of the Constitution of India. The petitioner should approach the concerned authority where the matter is pending for expeditious disposal of the proceeding and/or approach the State Consumer Disputes Redressal Commission seeking appropriate order/direction in this regard.
The application is disposed of.
(Kishore Kumar Mandal, J)
HR/-
3 issues framed by the court
Whether Patna High Court can exercise jurisdiction under Article 226 of the Constitution for expeditious disposal of a pending execution case regarding a recovery certificate.
Whether the petitioner should approach the concerned authority or State Consumer Disputes Redressal Commission regarding an expeditious disposal of the execution proceeding.
How to dispose of the application for directions regarding the execution case filed by the petitioner.
1 provisions across 1 enactments
Tarkeshwar Sharma
The State Of Bihar
Bihar State Power Holding Company Ltd.
North Bihar Power Distribution Company Ltd.
Assistant Electrical Engineer
District Consumer Disputes Redressal Forum
Kishore Kumar Mandal
As recorded by the court registry
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