- (1.) HEARD learned counsel for the parties.
(2.) THE petitioners have sought quashing of the order dated 12th September, 2007 passed in Certificate Case no. 71/vidhut/2002 -03 by the respondent no.3, Certificate Officer, Dhanbad, whereby the petitioners have been directed to pay a sum of Rs. 89,283/ - to the Respondent no.2, Jharkhand State Electricity Board by 19th October, 2007, failing which action, in accordance with law, would be taken against them. The primary ground for assailing the impugned order on behalf of the petitioners is that the certificate, in question, which has been brought on record as Annexure -5 to the supplementary affidavit has not been signed by the Certificate Officer as per the requirement of Section 6 of the Bihar and Orissa Public Demand Recovery Act, 1914 and as such cannot be executed.
(3.) LEARNED counsel for the petitioners further submits by referring to the objection petition filed under Section 9 before Certificate Officer (Annexure -6) that the very issue was taken up as a preliminary issue before the Certificate Officer which he failed to decide and proceeded to pass the impugned order holding the petitioners liable to pay the certificate amount in question. It is further submitted that the issue raised by the petitioners goes to the very root of the jurisdiction of the Certificate Officer as unsigned certificate cannot be executed as it is in the nature of a decree.;