- (1.) Heard the learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself. The petitioner is challenging the certificate proceeding being Certificate Case No. 1/E/CP/87-88 Hazaribagh, pending before the Certificate Officer ( Elecl. Revenue), Dhanbad on the ground that the said certificate proceeding was initiated due to non-payment of the electricity bill dated 30.08.1988 amounting to Rs. 1,71,528.30 paise, but those electricity bills dated 30.08.1988 were already quashed by this Court by order dated 12.01.1989 passed in C.W.J.No. 1842 of 1988(R).
(2.) According to the petitioner, it entered into an agreement with the Electricity Board on 16.7.1977. Under the agreement the Electricity Board undertook to supply electricity to the petitioner on certain terms and conditions and it was specifically agreed between the parties that the agreement would subsist for a period of three years. Subsequently, the petitioner gave a notice on 23.12.1983 for disconnecting the supply of electricity with effect from 01.01.1985 in terms of clause 9 of the agreement and, therefore, after expiry of 01.01.1985, the respondents Electricity Board could not have raised any bill , rather the Board should have refunded the security deposit to the petitioner. This Court by order dated 12.01.1989 contained in Annexure-1, allowed the writ petition and quashed the electricity bills raised by the Electricity Board contained in Annexures-5 to 5/B and the respondents- Board were further restrained from raising any further bill on the basis of the Agreement.
(3.) The grievance of the petitioner in this writ application is that despite the fact that the aforesaid bills were quashed and the respondents Board were directed to refund the security amount, a certificate proceeding was initiated by the respondents Board, in which the warrant of arrest was also issued against the Director of the petitioner- Company. Thereafter the present writ petition was filed. In this writ petition the respondents- Board was directed to file counter affidavit, which has been filed. In paragraph 8 of the counter affidavit, it has been stated that after the order passed by the High Court contained in Annexure-1, the respondents Board stopped taking proper steps in the certificate case and it appears that the petitioner did not inform the Certificate Officer regarding the order passed by the High Court and, therefore, notice as well as warrant of arrest were wrongly issued by the respondent no.4.;