LAWS(JHAR)-2004-8-125

BIJAY KUMAR JAISWAL Vs. STATE OF JHARKHAND

Decided On August 05, 2004
Bijay Kumar Jaiswal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD . Petitioners contention is that Bihar State Electricity Board is entitled to realize/receive the certificate amount and not the Jharkhand Stale Electricity Board.

(2.) IT appears that petitioner filed C.W.J.C. No. 3565 of 1999 (R) which was disposed of on 29.5.2001. with an undertaking by the petitioner that he will appear before the Certificate Officer within two weeks and the Certificate Officer was directed to consider and dispose of the petitioners objection Under Section 9 of the Public Demand Recovery Act after giving opportunity of hearing to the petitioner. But petitioner did not appear upto 11.7.2001. The Certificate case had to be decided expaste. 2004 (1) JLJR 47, Bihar State Electricity Board can realize the amount and not the Jharkhand State Electricity Board.. The Liability to pay the certificate amount has not been denied by the petitioner. 4. Mr. A.K. Jha, learned counsel for Bihar State Electricity Board was called. He fairly submitted that Jharkhand State Electricity Board is entitled to collect/realize the amounts even before 1.4.2001. and the same will be accounted for by the Jharkhand State Electricity Board, while finally settling the accounts between the Boards. 5. In that view of the matter, Jharkliand State Electricity Board is entitled to realize/receive the certificate amount from the petitioner, subject to adjustment if any at the time of settlement of the accounts between the Boards. But petitioner has to pay the same. 6. Accordingly, the Certificate Officer will take all step as per the law to realize the certificate amount along with due interest from the petitioner and pay the same to the Jharkhand State Electricity Board. 7. In the result, this writ application is dismissed with the aforesaid direction.