Vikramaditya Prasad, J. - (1.) HEARD both the sides.
(2.) THE petitioner has filed this writ petition with the following prayers - (i) For quashing the certificate proceeding initiated against the petitioner Nos. 1 and 2 as contained Annexure 3; (ii) For quashing the certificate proceeding being Certificate Case No. 2/Elect. of 2000 -01, Annexure 5, for realization of the energy dues against the Consumer No. ISI -00280 for the period 2/95 to 7/95 on the grounds that (i) though the power connection was disconnected as back as in 7/95. yet without submitting any fresh demand, the bill was raised in the year 2000 even for the period of 7/97, Annexure 3/2, because in Annexure 3/2 itself the line disconnected has been shown by the respondents to be as 8/95; (ii) the demand is time barred by limitation and (iii) as there is a contractual liability of paying the bills between the consumer who enters into an agreement with the Board, no such liability can be fastened with the other members of the family, even though the family is a joint one because the demand is a personal liability and cannot be charged on the joint family. The short facts of the case are that the energy connection No. ISI -00280 was given in favour of the petitioner No. 3, Mahendra Prasad Burnwal. The other two petitioners, namely Rajendra Prasad Burnwal and Surendra Prasad Burnwal, are his brothers and live in the same premises. A demand notice was received by the petitioner, Mahendra Prasad Burnwal, and he made a protest and requested the authorities for revising the same. It appears that thereafter, vide Annexure 2, the Junior Engineer was advised the followings : "Bill of abovenoted Consumer has been made upto 7/95 but consumer is stating through Regd. Dak that line has been disconnected in April, 95. Since bill has been made for 6/95 and 7/95 for 300 units, please send the date of disconnection so that one month advance bill should be charged after the date of disconnection." Regarding this letter, the respondent Board has said that this was a letter for the personal knowledge of the Board Officers and was not for the benefit of the petitioner.
(3.) THE learned counsel appearing for the petitioner, with regard to the letter, said that when he went to the Junior Engineer, the Junior Engineer made over him this letter and this letter cannot be of confidential nature, rather it indicates that the petitioner had pleaded the disconnection and so protested the bill. The learned counsel appearing for the petitioner also said that in the counter -affidavit, it has not been stated regarding this letter that this is forged. Then it appears that a certificate proceeding was initiated against the petitioner, including the petitioner, Mahendra Prasad Burnwal, who was the consumer and in whose name the connection stands. Annexure 3/2 shows that they were the energy due bills rightly from 2/95 till 5/95; some arrears have been shown but in 6/95, the unit consumed has been shown to be nil; in 7/95, the unit consumed has been shown to be nil and in 8/95 D/L has shown recorded. Then further the arrears of fuel surcharge with month 7/97 has also been shown. From Annexure 4, it is found that the petitioner filed a petition before the Certificate Officer, denying his liabilities and he took a plea that the demand was barred by limitation. Annexure 5 is the order -sheets of the certificate Court. The order dated 15.6.2001. inter alia, reads as follows : "Abhilek Me Pamatra CHR (Certificate Holder) Dwara Dayar Ke Anusar CDR Ka Bidyut Samandh Din 8/95 Me Vichedit Kiya Giya Tha." Now in the counter -affidavit, the respondents, vide paragraph No. 5, have stated as follows : "That on the basis of agreement between petitioner No. 3 and respondent No. 3, an Electric Connection Consumer No. ISI - 00280 was allotted since February, 1995 which was never disconnected as per the Board's records nor any intimation was given to the petitioner for disconnection of the said energy connection and hence a certificate Case No. 2/Elect. of 2000 -2001 was lodged for realization of the dues without disconnection of the same.";