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2025 DAILYLAW 88976 (ALL)

NAGAR PALIKA PARISHAD AONVLA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/31097/2025 · 2025-09-08

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31097 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J. 1. The present petition has been filed challenging the demand notice dated 20.06.2025 issued by the respondent no. 2, copy of which is appended as Annexure No. 1 to the writ petition. 2. It is argued by Sri Manu Saxena, learned counsel appearing on behalf of petitioner that the aforesaid demand notice is perse illegal in view of the fact that the validity of Section 1(3)(b) of the U.P. is under challenge before this Court in large number of writ petitions and in some of the petitions interim orders were granted by the co-ordinate Bench of this Court, a copy of the same have been appended at page 25 and 28 to the paper book. 3. On the other hand it is argued by Sri Jagdish Pathak, learned counsel appearing on behalf of respondent no. 2 that as on date the present writ petition is premature since only a show cause notice has been issued to the petitioner directing him to appear for hearing before the respondent no. 2 and the petitioner in place of approaching this Court should submit a reply. In response to the same it is argued by Sri Saxena that the petitioner is ready and willing to submit his reply but till the date decision has been taken in the matter, no recovery proceedings should be initiated against him. 4. Heard counsel for the petitioner, learned Standing Counsel for respondent no. 1, Sri Jagdish Pathak, learned counsel for respondent no. 2, Sri K.P. Pathak, learned counsel for respondent no. 3 and perused the record. 5. In the facts and circumstances of the case, the present writ petition is disposed of finally permitting the petitioner to submit a reply before respondent no. 2/Assistant/Regional Provident Fund Commissioner, Versus Counsel for Petitioner(s) : Manu Saxena Counsel for Respondent(s) : A.S.G.I., C.S.C., Jagdish Pathak Nagar Palika Parishad Aonvla And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Bareilly within two weeks from today. If it is so the respondent no. 2 is directed to pass appropriate order within a period of six weeks thereafter. 6. For a period of two months from today or till the disposal, whichever is earlier, no coercive action shall be taken against the petitioner. (Prakash Padia,J.) September 9, 2025 Arti WRIC No. 31097 of 2025 2 Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad