IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16324 of 2009 KRISHNA KUMAR SINGH, SON OF SRI KAPILDEO NARAYAN SINGH, RESIDENT OF VILLAGE AHIRAULIA, BARACHAKIA, POLICE STATION CHAKIA, DISTRICT EAST CHAMPARAN, PROPRIETOR OF KRISHAK COLD STORAGE, AHIRAULIA, CHAKIA, EAST CHAMPARAN. Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, AT PATNA. 2. THE GENERAL MANAGER, BIHAR STATE ELECTRICITY BOARD, AT, PO & DISTRICT MUZAFFARPUR. 3. THE ELECTRICAL LSUPERINTENDING ENGINEER, BIHAR STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, AT & PO MOTIHARI, DISTRICT EAST CHAMPARAN. 4. THE ELECTRICAL EXECUTIVE ENGINEER, BIHAR STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, AT & PO MOTIHARI, DISTRICT EAST CHAMPARAN. 5. THE ELECTRICAL ASSISTANT EXECUTIVE ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, AT CHAKIYA, DISTRICT EAST CHAMPARAN. 6. THE DISTRICT CERTIFICATE OFFICER, EAST CHAMPARAN AT MOTIHARI. ----------- 5. 10.2.2010. There is reason why this court is not willing to go into every aspect of the matter raised in the present writ application. The reason is that the matter is being relegated back to the General Manager- cum-Chief Engineer of the concerned area of Board in which the district of Motihari falls. Initially when the writ application was filed challenge was to the bill which has been raised on the petitioner, who runs a cold storage, non payment of which led to initiation of a certificate proceeding against him. The petitioner has categorically - 2 - stated that bills have been raised even for periods when there was no supply as the transformer in question located for supply of power to the petitioner stood burnt. Despite the said fact bills have been raised and delayed payment surcharge slapped even for those periods. Certain discrepancies on the facts and the period have emerged from the counter affidavit and the supplementary counter affidavit which came to be filed by the respondent Board. In view of the statements made in the two affidavits on behalf of the Board, obviously, the matter requires reconsideration after due verification of records at the local level, for the period in dispute and the bill, for which the certificate proceeding has been initiated. Petitioner has made out a case for interference in a limited manner. The issue is relegated to the General manager in question who shall first hear the petitioner as well as the departmental representatives, verify the records and may be pass an - 3 - N.H./ appropriate order crystallizing the liability of the petitioner. If variation occurs in the claim or amount of the bill, which is subject matter of Certificate Case, then it will be open to the authorities to file a fresh requisition before the Certificate Officer or if the petitioner is willing to settle the dispute based on the said finding the matter may stand resolved accordingly. It is also recorded that till such exercise is carried out by General Manager, the certificate proceeding namely Certificate Case No.12 of 2009 will remain on hold. The writ application is, accordingly, disposed of with above direction. ( Ajay Kumar Triapathi,J.)