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Patna High CourtCWJC/15523/2013dismissed

Alok Kumar v. The State Of Bihar And ORS

2018-08-23Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.15523 of 2013 dt.23-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15523 of 2013 =========================================================== Alok Kumar Son of Sri Ambika Prasad Gupta Proprietor of M/S Gokul Sweets, K.P. Complex, Maharajganj Road, Post, P.S. & District- Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Sub-Divisional Certificate Officer, Aurangabad

3. The Labour Superintendent, Aurangabad .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. RAJIV ROY =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-08-2018 The present writ petition has been filed for setting aside the entire proceedings of Certificate Case No. 1/2011-12 pending in the Court of learned Sub Divisional Certificate Officer, Aurangabad (Respondent no. 2) whereby and whereunder by an order dated 24.03.2012 the respondent no. 2 has initiated Certificate proceeding against the petitioner; and also for quashing the order dated 05.05.2012 by which processes and warrant of arrest have been issued against the petitioner in violation of relevant laws.

2. None appears on behalf of the petitioner despite repeated calls. Even on the last occasion on 21.08.2018 the petitioner was not represented.

Patna High Court CWJC No.15523 of 2013 dt.23-08-2018

3. Learned counsel for the respondent-State opposes the writ petition inviting reference to paragraph 14 of the counter affidavit wherein it has been stated that the petitioner, despite service of notice, has chosen not to appear nor filed any objection petition before the Certificate Officer. It is submitted that in such circumstances there is no infirmity in the impugned action of the respondents.

4. Having regard to the stand of the respondent-State in the counter affidavit which has not been controverted and no rejoinder has been filed on behalf of the petitioner, this Court is not inclined to interfere in the matter.

5. The writ petition stands dismissed.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date NA