AMBIKA COLD STORAGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. Vinay Kirti Singh, learned counsel appearing for the Respondent-Board.

(2.) IN this writ petition, prayer is for quashing letter no. 294 dated 11.4.2002 issued by the Certificate Officer, Sonepure in Certificate case No. 2 /93-94/189/95-96 by which the petitioner has been directed to deposit Rs.5,14,909/- as interest pendentelite by 16th April, 2002.

(3.) IN short, the relevant facts are that in the year 1993-94 said certificate case was filed against the petitioner by the Respondent - Bihar State Electricity Board for payment of Rs. 7,80,885.95 against the electricity dues. According to the petitioner, after family partition cold storage came under the proprietorship of Paras Nath Singh (petitioner) as his share whereupon he learnt about the certificate case. On 20th May, 1997 the petitioner appeared in certificate case and filed objection against the demand and also agreed to deposit the money in instalments. On 3.6.1994 the petitioner deposited a sum of Rs. 1,50,000/- as first instalment and agreed to pay the rest in monthly instalment of Rs. 1,50,000/-. By 10.10.1998 the petitioner deposited a total sum of Rs. 3,50,000/- and again filed objection petition against the certificate amount, whereupon the Certificate Officer asked the requisitioning authority to give specific and clear report upon the said objection. It is stated that the requisitioning authority filed no report for over two years and in the mean time the petitioner kept on depositing the instalments. On 4.5.2000 the Electrical Executive Engineer found that a sum of Rs. 1,55,036.54 has been charged from the petitioner in excess and, hence, he wrote to the General Manager, Tirhut Area Electricity Board to make suitable rectification in the account of the petitioner and to intimate the Certificate Officer to recover only Rs.6,25,849.41 (i.e. Rs.7,80,885.95-Rs.1,55,036.54 = Rs.6,25,849.41).The Superintending Engineer, Chapra vide letter dated 24.6. 2000 intimated the Certificate Officer vide Annexure-4 to reduce Rs. 1,55,036,54 from the original certificate amount and recover the balance amount from the petitioner. On 4.11. 2000 admittedly the petitioner deposited the entire amount of Rs.6,25,849.41 to the Certificate officer and persuaded them to issue no dues certificate. However, after about one and half year the impugned order was issued by the Certificate Officer with which the petitioner is aggrieved.