IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10842 of 2010 M/S Bagbari Cold Storage Pvt.Ltd Versus The Bihar State Electricity Board & Ors. ---------------------------------- 08. 10.08.2011 Heard Mr. Gautam Kejriwal, learned counsel appearing on behalf of the petitioner and Mr. Prakash Kumar, learned counsel appearing on behalf of the respondent Bihar State Electricity Board and its functionaries. Admittedly the petitioner is a consumer of the respondent Board and pursuant to an agreement dated 6.4.2000, he was provided high tension connection for specified load of 75 K.V.A. The petitioner deposited a sum of Rs. 90,250/- by way of security. Upon completion of the formalities the line was energized. It is contended that the petitioner was served with a faulty electricity bill for the period August, 2003 to June, 2004 and in response whereto the petitioner deposited a sum of Rs. 2.41 lakhs by way of earnest money. An agreement was entered into between the petitioner and the respondent Board for payment of the outstanding dues and pursuant whereto the petitioner made a deposit of Rs. 49,640/- as the first installment and thereafter an amount of Rs. 1.80 lakhs on 30.7.2004 but thereafter no further amount was deposited. This led to disconnection of the electricity line of the petitioner on 24.11.2004 and also institution of a certificate case giving rise to Certificate Case No. 2 of 2006/07 before the Sub-Divisional Officer-cum-Certificate Officer, Bhagalpur for realization of the dues outstanding against the petitioner to the tune of Rs. 6,11,066/- 2 which was inclusive of the amount recoverable of Rs. 5,98,446/- and the amount of court fee of Rs. 12,620/-. The petitioner being aggrieved by the institution of the certificate case filed a complaint case before the District Consumer Forum, Bhagalpur under the provisions of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’), giving rise to Complaint Case No. 86 of 2006. By order dated 14.8.2007, the District Consumer Forum, Bhagalpur allowed the Complaint Case No. 86 of 2006 filed by the petitioner and set aside the bills raised by the respondent Electricity Board for the period August, 2003 to June, 2004. It is not in dispute that these are the very bills which are the subject matter of the certificate proceedings pending before the Sub-Divisional Officer-cum-Certificate Officer, Bhagalpur in Certificate Case No. 2 of 2006-07. Even while the order of the District Consumer Forum, Bhagalpur was in operation and the bills raised by the respondent Board which were subject matter of the certificate proceedings, had been set aside, the Sub-Divisional Officer, Bhagalpur who is also the Certificate Officer, realised an amount of Rs. Two lakhs from the petitioner with a further undertaking of making payment of the balance amount. This action of the respondent Sub-Divisional Officer, Bhagalpur-cum- Certificate Officer was clearly without jurisdiction in view of the judgment and order passed by the learned District Consumer Forum, Bhagalpur, in the order dated 14.8.2007. As the matter has rested here, the respondent Bihar State Electricity Board preferred an appeal under the provision of the 3 Consumer Protection Act and which is pending considering before the State Commission constituted under the Act bearing Appeal No. 539 of 2007. It is again not in dispute that no interim order has been passed by the State Commission on the appeal preferred by the respondent Board either staying the order passed by the District Consumer Forum, Bhagalpur or enabling the respondent Board through the Certificate Officer, Bhagalpur to realize the amount pursuant to the electricity bills which stand set aside under the order of the District Consumer Forum, Bhagalpur. Obviously, in absence of any appropriate order being issued by the learned State Commission constituted under the Consumer Protect Act, staying the operation of the order passed by the District Consumer Forum or allowing the respondent board to make recovery of the amount arising from the pending bills, no action can be taken by the respondent Board or the Certificate Officer in furtherance of the certificate proceeding. Considering the legal position as emanating under the orders of the District Consumer Forum, Bhagalpur dated 14.8.2007 setting aside the impugned bills which are the subject matter of the certificate proceedings before the Sub-Divisional Officer-cum- Certificate Officer, Bhagalpur and the pendency of the appeal before the State Commission, this writ petition is disposed of with a direction to the respondent, the Sub-Divisional Officer-cum- Certificate Officer, Bhagalpur not to proceed further with the Certificate Case No. 2 of 2006/07 until the final outcome of the proceedings pending before the State Commission in Appeal No. 4 539 of 2007. It goes without saying that as the issue concerns public revenue, hence the learned Commission would consider and dispose of the same within a reasonable period. It is, however, made clear that this Court while disposing of the writ petition has not expressed any opinion on the merit of the case. S.Sb/- (Jyoti Saran, J.)