Mihir Kumar Jha, J. - (1.) HEARD learned counsel for the parties. Learned counsel for the petitioner prays for and is allowed to remove the name of Bihar State Electricity Board by substituting it South Bihar Power Distribution Company Limited.
(2.) THE prayer of the petitioner in this writ application reads as follows: - - "1...... for quashing of entire proceeding of certificate case No. 14/2010 -11, pending before Certificate Officer, Bhagalpur requisite filed by Certificate holder Electrical Superintending Engineer, Electric Supply Circle, Bhagalpur [Bihar State Power (Holding) Company Ltd.] against the petitioners with allegation to electric charge dues amount of Rs. 9,48,492/ - which is illegal, being holding a consumer No. HBP -1579 (HTS -1); and during pendency of the case order dated 5.3.2013 of Certificate Officer, Bhagalpur be stayed by which Certificate Officer has passed order of arrest (warrant) again against the petitioners." Learned counsel for the petitioners has submitted that the impugned order dated 5.3.2013 directing for issuance of warrant of arrest passed by the Certificate Officer, Bhagalpur in Certificate Case No. 14 of 2010 -11 is wholly bad both on facts and in law. In this regard, he has sought to explain that the petitioners had filed their objection on 22.1.2013 but the Certificate Officer, without having passed any order on such objection of the petitioners had proceeded to pass impugned order.
(3.) MR . Vinay Kirti Singh, learned counsel appearing on behalf of the South Bihar Power Distribution Company Limited (hereinafter referred to as 'the Company'), has submitted that actually the petitioner had never filed an objection in terms of Section 9 of the Bihar Public Demands Recovery Act (hereinafter referred to as 'the Act') and the application dated 22.1.2013, which is being referred to an objection, is only an application for recalling of warrant of arrest.;