HASSAN Vs. ELECTRIC SUPPLY DIVISION

JUDGEMENT

(1.) 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 3oard, 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.