Sujit Narayan Prasad,J. - (1.) The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have raised no complaint regarding audio and visual quality.
(2.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder order dated 12.04.2013 passed in Certificate Case No. 01/2003-2004 by the Certificate Officer directing the petitioner to deposit Rs.6,65,872/-, is under challenge.
(3.) The brief facts of the case, as per the pleadings made in the writ petition reads hereunder as: The petitioner's firm, namely, Gahlot& Chaudhary Steel Private Limited, entered into an agreement with the respondents-Jharkhand State Electricity Board (J.S.E.B), now Jharkhand UrjaVikasNigal Limited, in short 'JUVNL', for supply ofHigh Tension electricity connection. It is the case of the petitioner that since Unit of the petitioner was not functioning properly, as such due communication was made on 12.10.1998 to the Electrical Superintendent Engineer, Jamshedpur to disconnect the supply of electricity, which was received on 13.10.1998. The respondents-authority in pursuance to his request disconnected the power supply, but, according to the petitioner the copy of the bill was never supplied to him rather a certificate case was instituted against the petitioner in Form-I and certificate was signed on 28.05.2003. After signing of the certificate, the Certificate Officer had issued a notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (herein after referred to as the 'Act, 1914') on 28.05.2003. Pursuant to the notice, the writ petitioner appeared before the Certificate Officer and filed objectionby taking recourse of Section 9 of the Act, 1914 stating, inter alia, that the entire proceeding is hopelessly barred by limitation under Article 14/137 of the Limitation Act as the proceeding has been initiated after more than three years. According to the writ petitioner, the power supply was disconnected on 10.12.1999 but the proceeding was instituted on 28.05.2003. It is further case of the writ petitioner that the certificate holder has charged fuel surcharge on unconsumed units and further, the tariff does not provide charge of fuel surcharge on unconsumed units. It is further the case of the writ petitioner that the matter was heard on merit on 28.05.2004 and office was directed to put up the file for passing appropriate order but no order was passed on 28.05.2004 and as such, the order dated 28.05.2004 is ante-dated since such order was never communicated to the petitioner. The petitioner had challenged the said order before this Court by invoking writ jurisdiction of this Court under Article 226 of the Constitution of India by filing writ petition, being W.P. (C) No. 4021 of 2004 and while the aforesaid case was pending, the matter was considered by the respondents-authority and vide letter no. 207 dated 12.03.2007, the Chief Engineer (C and R) directed the General Manager-cum-Chief Engineer that the matter of withdrawal of Certificate Case against the consumer (petitioner) was under consideration and as such it was decided that prior to withdrawal of Certificate Case an undertaking must be obtained from the consumer for payment of the amount save and except the amount pertaining to fuel surcharge amounting to Rs. 10,98,581/- as the matter was pending before the Hon'ble Apex Court and further the consumer must give undertaking for withdrawal of the writ petition pending before the Hon'bleHigh Court. The writ petitioner, pursuance to the undertaking furnished by him, has withdrawn the writ petition being W.P.(C) No. 4021 of 2004, which was dismissed as not pressed. The writ petitioner paid the amount to the tune of Rs. 5,04,543/-. According to the writ petitioner, the Certificate Officer proceeded in the matter and instead of withdrawing the certificate case by order dated 12.04.2013 which was received by the petitioner on 22.04.2013, directed the petitioner to pay Rs. 6,65,872/- within 30 days, keeping Rs. 10,98,581/- in abeyance till final decision by Hon'ble Apex Court regarding fuel surcharge. In these backdrops, the instant writ petition has been filed by the writ petitioner questioning the decision of the Certificate Officer, by which, petitioner was directed to pay Rs.6,65,872/-. ;