- (1.) This writ petition has been preferred by petitioner with the following prayer : (a) to call for the records of the Certificate case No. 93/04-05 pending in the Court of the Certificate Officer, Electric Supply Area, Ranchi-2 including the distress warrant issued against the petitioner vide order dated 25-09-2004 passed in the said case and quash the same; (b) to quash the Certificate of Public Demand (Annexure-2) and consequent Certificate proceedings issued/pending against the petitioner Certificate case No. 93/04, pending in the Court of the Certificate officer, Electric Supply Area, Ranchi-2 declaring the same as without jurisdiction, bad in law illegal and violative of the principles of the natural justice and petitioner's fundamental rights; (c) to hold and to declare that the action of the Certificate Officer in not furnishing copies of the entire order sheet and notice, if any, issued to the petitioner in the said case is arbitrary, unreasonable, illegal and unfair and the same ought to be furnished to the certificate debtors; (d) during the pendency of the instant application, the distress warrant issued against the petitioner vide order dated 25-09-2004 as well as the further proceedings in the Certificate case No. 93/04-05 pending in Court of the Certificate Officer, Electric Supply Area, Ranchi-2, be stayed.
(2.) Mr. Dilip Jerath, counsel for J.S.E.B. submitted that the Company, M/s Lemos Cement Limited, has appeared before the Certificate Officer and has already filed an objection u/S. 9 of the Public Demands Recovery Act (hereinafter referred to as the Act),through one of the Directors. It was submitted that no final decision u/s. 10 of the Act having been taken by the Certificate Officer, this Court should not decide the claim on merit.
(3.) From the facts aforesaid, it will be evident that the Certificate Officer, Electric Supply Area, Ranchi-11 has not passed any final order u/S 10 of the Act. Without deciding the objection filed by the parties u/S 9 of the Act the order dated 25th September, 2004 was passed by the Certificate Officer, Electric Supply Area, Ranchi-11 in Certificate Case No.93/04-05.;