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2025 DAILYLAW 56717 (ALL)

M/S TWENTY FIRST CENTURY FUELS PAHARIYA VARANASI AND ANOTHER v. STATE OF UP AND 5 OTHERS

WRIC/16254/2025 · 2025-05-20

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85617 Court No. - 33 Case :- WRIT - C No. - 16254 of 2025 Petitioner :- M/S Twenty First Century Fuels Pahariya Varanasi And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Saroj Kumar Pandey Counsel for Respondent :- C.S.C.,Rajesh Tewari Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Rajesh Tiwari, learned counsel for respondents. 2. The petitioner has preferred the present petition with the following prayer:- (i) Issue a writ, order or direction in the nature of certiorari calling for records and quashing the impugned notice dated 15.04.2025 (Annexure no. 9 to the writ petition) issued under seal and signature of respondent no.3. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 not to recover the amount to the tune of Rs. 10,65,375/- (Ten Lacs sixty five thousand three hundred seventy five only) from the petitioner in pursuance of the notice dated 15.04.2025 issued under seal and signature of respondent no.3 (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the Employees State Insurance Court/ Civil Judge (Senior Division) Varanasi to decide the restoration application dated 14.02.2025 filed in case no. 262 of 2007 (M/s 21st Century Fuels, Paharia, Varanasi and others Vs. Karmchari Rajya Bima Nigam U.P.) expeditiously. 3. It is stated in the supplementary affidavit filed by the petitioner that after the notice dated 15.04.2025 was issued, another notice dated 23.04.2025 under section 45G of the Employees State Insurance Act, 1948 was sent to the petitioner and petitioner was promised to payment of the dues amount to the tune of Rs.10,66,341/- immediately. Pursuant to the aforesaid notice, the petitioner has already deposited the aforesaid amount by way of post dated cheque по. 819228 dated 26.05.2025 to the tune of Rs. 2,63,500/- bearing A/C No.4141002100009109 as well as Rs.2,63,500/- dated 23.06.2025 bearing cheque no. 819229 and a fixed deposit of Rs.5,41,251/-. 4. After some arguments, learned counsel for the petitioner does not want to press the prayer Nos.1 & 2 and only confined his prayer only prayer No.3, i.e., to direct the Employees State Insurance Court/ Civil Judge (Senior Division) Varanasi to decide the restoration application dated 14.02.2025 filed in case no. 262 of 2007 (M/s 21st Century Fuels, Paharia, Varanasi and others Vs. Karmchari Rajya Bima Nigam U.P.) expeditiously. 5. Learned counsel for the respondents have no objection to the aforesaid prayer. 6. In the facts and circumstances of the case, the present petition is disposed of directing the Employees State Insurance Court/ Civil Judge (Senior Division) Varanasi to decide the restoration application dated 14.02.2025 filed in case no. 262 of 2007 (M/s 21st Century Fuels, Paharia, Varanasi and others Vs. Karmchari Rajya Bima Nigam U.P.) expeditiously and preferably within a period of three months from the date of production of certified copy of this order strictly in accordance with law. but after providing opportunity of hearing to all the parties concerned. Order Date :- 21.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad