Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 1]

Jharkhand High Court

Gurucharan Singh vs Jharkhand State Electricity Board ... on 22 January, 2016

Author: Prashant Kumar

Bench: Prashant Kumar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P. (C) No. 1079 of 2014
                                      ...
              Gurucharan Singh, Son of Late Boota Singh, resident of
              Industrial Area Adityapur, P.O. & P.S. - Adityapur, District -
              Seraikella-Kharswan.
                                                       ... Petitioner
                                      -V e r s u s-
              1. Jharkhand State Electricity Board through its Chairman,
              Engineering      Bhawan        Dhurwa,     P.O.-Dhurwa,   P.S.-
              Jagannathpur, District - Ranchi.
              2. General Manager -cum-Chief Engineer, Jharkhand State
              Electricity Board, Singhbhum Area, Cooperative Building,
              Bistupur, P.O. and P.S.-Bistupur, Town Jamshedpur, District -
              Singhbhum East.
              3. Electrical Superintending Engineer, Jharkhand State
              Electricity Board, Vikas Bhawan, Adityapur, P.O. and P.S.-
              Adityapur, District - Seraikella - Kharswan.
              4. Electrical Executive Engineer, Jharkhand State Electricity
              Board, Vikas Bhawan, Adityapur, P.O. and P.S.-Adityapur,
              District - Seraikella - Kharsawan.
                                                             ... Respondents
                                      ...
              CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
                                      ...
              For the Petitioner      : - Mr. Shankar Lal Agarwal, Advocate.
              For the Respondents : - Mr. Ajit Kumar, Sr. Advocate.
                                          Mr. Amit Sinha, Advocate.
                                      ...
04/22.01.2016

At the outset, Sri Ajit Kumar, Senior Advocate, appearing for the respondents submits that against the impugned order a statutory appeal available under Section 60 of the Bihar and Orissa Public Demand Recovery Act, 1914. Thus, this writ application is not maintainable.

In this writ application, the petitioner has challenged the order passed by the Certificate Officer in Certificate Case No. 2 of 2000-01 by which the Certificate Officer held that the petitioner is liable to pay Rs. 7,63,032/- to the Certificate Holder within 30 days, otherwise action will be taken against him under the Bihar and Orissa Public Demand Recovery Act, 1914. Thus, in my view, the aforesaid order is appeable under Section 60 of the aforesaid Act.

Since, a statutory alternative remedy is available to the petitioner, therefore, I am not inclined to entertain this writ application. Accordingly, the same is dismissed.

( Prashant Kumar, J.) sunil/