Hassan v. Electric Supply Division, Jharia, through Electric Executive Engineer
2011-03-22
R.K.MERATHIA
body2011
DigiLaw.ai
Order Mr. Arun Kumar, learned counsel for the petitioners, submitted that a certificate case being Certificate Case No. 177/Electric/2001-2002 was initiated against the father of the petitioners. When they learnt about it, they appeared before the Certificate Officer on 14.3.2007 and informed about the said position, on which the Certificate Officer directed for issuance of notice under Section 7 of the P.D.R. Act on the petitioner. On 2.4.2007, the Certificate Officer without deciding the case on merits issued warrant of arrest against the petitioners on the ground that petitioners refused to accept the notice. 2. On the other hand, Mr. Mukesh Kumar, appearing for the Board, submitted that when petitioners themselves appeared before the Certificate Officer, there was no necessity to issue them fresh notice. Petitioners could have been impleaded as parties in the certificate case. Moreover, when a fresh notice was issued, petitioners refused to accept the same and therefore warrant of arrest was rightly issued as there was no objection on behalf of the petitioners to the certificate dues. He further submitted that petitioners have got alternative remedy of appeal but to avoid payment of statutory amount, they have filed this writ petition. 3. It is not known why the Certificate Officer issued fresh notice on the petitioners when they themselves appeared before him. The certificate holder could be permitted to amend the certificate and the petitioners could be substituted in the case. However, when a fresh notice was issued, petitioners refused to accept the same. 4. In the circumstances, when I expressed that I am not inclined to interfere, Mr. Arun Kumar, learned counsel for the petitioners, submitted that petitioners may be given one chance, on deposit of some amount. 5. Accordingly, petitioners are directed to appear before the Certificate Officer (respondent no. 2) by 31st March, 2011 and receive notice. If petitioners file objection under Section 9 of the PDR Act, and deposit Rs.1,00,000/- (one lac only) by 15th April, 2011, without prejudice and subject to the decision in the Certificate Case, the Certificate Officer will keep the warrant of arrest in abeyance and will dispose of the case on merits, as early as possible and preferably within' two months thereafter. 6. The parties are directed to cooperate in early disposal of the matter, failing which the case will be decided ex parte against the party not cooperating. 7.
6. The parties are directed to cooperate in early disposal of the matter, failing which the case will be decided ex parte against the party not cooperating. 7. If petitioners fail to comply with any part of this order, this writ petition shall stand dismissed and the Certificate Officer will be at liberty to proceed with the certificate case, in accordance with law. 8. With these observations and directions, this writ petition is disposed of.