In a writ petition seeking quashing of a notice under the Public Demand Recovery Act, the Court held that no immediate order was required and directed the petitioner to pursue the pending matter before the Sub-Divisional Officer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 13808 of 2011
====================================================== Naveen Kumar (Proprietor Mahesh Prasad Agarwati Nirman Udhyog, Jahanabad) son of Mahesh Prasad, resident of mohalla – Thana Road, (Jahanabad) P.S. – Jahanabad, District – Jahanabad. .... .... Petitioner Versus 1. The State of Bihar 2. The Commissioner Magadh range Division, Patna. 3. The District Magistrate, Jahanabad. 4. The Labour Commissioner, Patna. 5. The Assistant Labour Commissioner, Patna. 6. The S.D.M. cum Certificate Officer, Jahanaband, Patna. 7. The Labour Inspector, Jahanabad, district Jahanabad. 8. The Labour Enforcement Officer, Jahanabad. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Onkar Nath For the Respondent/s : AC to GP - 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2. 13-07-2015 Heard Sri Onkar Nath, learned counsel for the petitioner and learned A.C. to Govt. Pleader – 23.
The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of notice issued under the Public Demand Recovery Act in case no. 8 of 2009-10.
Learned counsel for the petitioner submits that after the notice, the petitioner has filed objection before the SubDivisional Officer-cum-Certification Officer, Jehanabad, however; on such objection, no final order has been passed and the matter is still pending.
Patna High Court CWJC No.13808 of 2011 (2) dt.13-07-2015
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The Court is of the opinion that at the moment, there is no reason to pass any positive order in favour of the petitioner. The petitioner may pursue the matter before the Sub-Divisional Officer-cum-Certificate Officer. The Certificate Officer may decide the matter as early as possible.
The writ petition stands disposed of.
(Rakesh Kumar, J.)
Anay U
Naveen Kumar
The State of Bihar
The Commissioner Magadh range Division, Patna
The District Magistrate, Jahanabad
The Labour Commissioner, Patna
The Assistant Labour Commissioner, Patna
Rakesh Kumar
As recorded by the court registry
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