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Patna High CourtCWJC/4173/2018disposed

Nalanda Zila Khadi Gramodhyog Sangh v. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization And ANR

2019-02-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4173 of 2018 ====================================================== Nalanda Zila Khadi Gramodhyog Sangh, HO-Kagji Mohalla, PS-Bihar (Sadar), District-Nalanda through its Secretary (Mantri), Vinay Kumar Choudhary Son of Ram Udgar Chaudhary, Resident of Nalanda Zila Khadi Gramodhyog Sangh, Head Office Campus, Mohalla-Kagji Chak, Police Station-Biharsharif Sadar, District-Nalanda.

... ... Petitioner/s

Versus

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Patna Bhavishyanidhi Bhawan, R. Block, Road no. 6, Patna-800001 (Bihar).

2. The Recovery Officer-Cum-Assistant, Provident Fond Commissioner, Employees' Provident Fund Organization, Regional Office, Patna, Bhavishyanidhi Bhawan, R. Block, Road No. 6, Patna 800001 (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Sunil Kumar and Vinay Kr. Mishra, Advs.

For the Respondent/s :

Mr.R.S. Pradhan, Sr. Adv.

Mr. Pankaj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-02-2019 Heard the parties.

The learned counsel for the petitioner submits that as the Presiding Officer of appellate forum was not available on that ground the present writ application has been filed and now the Appellate Authority is functioning so he should be given liberty to withdraw this application to enable him to file an appeal before the Appellate Authority.

In view of statement made at Bar, this application is permitted to be withdrawn with liberty to the petitioner, he may file an appeal within sixty days from today. If such application is filed, The Appellate Authority while considering the question

Patna High Court CWJC No.4173 of 2018(2) dt.25-02-2019 2/2 of limitation will take into consideration the pendency of this case before this Court and pass order in accordance with law. This order has been passed in presence of the learned counsel for the Employees Provident Fund Organization. (Shivaji Pandey, J) mkchy/- U