- (1.) THE petitioners have challenged the order dated 10th April, 2002 passed by the Certificate Officer -cum -Executive Magistrate, Sahibganj in C.C. No. 219/2001 wherein and whereunder the Certificate Officer, Sahibganj has proposed to issue distress warrant against the petitioners -cum -certificate debtors.
(2.) FURTHER prayer has been made to set aside the appellate order dated 12th June, 2002 passed by Deputy Commissioner, Sahibganj in Certificate Appeal No. 1/2002 -03. The Appellate Authority rejected the appeal, the petitioners having not deposited the requisite 40% of the due amount. The counsel for the petitioners mainly raised question relating to bills raised by the State Electricity Board at Sahibganj. It was submitted that in place of 50 units, the bills were raised for about 150 units, However, this issue cannot be determined by this Court, in the present case, which relates to order passed by the Certificate Officer. The petitioners may raise such dispute, if permissible, before the General Manager -cum -Chief Engineer of Area Electricity Board concerned.
(3.) IN the facts and circumstances, the petitioners are given another opportunity to persue appeal on merit. If the 40% bill amount is deposited by petitioners within three weeks, the Appellate Authority will recall the earlier order and determine the appeal on merit. In such case the respondents will not take any coercive step against the petitioners till the appeal is decided.;