IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.21826/2015 (L-PF) BETWEEN ECHO (CENTER FOR JUVENILE JUSTICE) CONVENT ROAD, ST. THOMAS TOWN POST, KAMMANAHALLI, BENGALURU-560084, REPRESENTED BY THE TRUSTEE, JOVIAL JOSEPH VADAKEL AGED 29 YEARS.
(BY SRI SHIVARAJ N ARALI, ADV. – ABSENT.) AND 1. THE ASSISTANT COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE WHITE FIELD, NO.36, LAKSHMI COMPLEX, NH-4, K.R.PURAM, BANGALORE-560036.
2. THE RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE WHITE FIELD, NO.36, LAKSHMI COMPLEX, ... PETITIONER NH-4, K.R.PURAM, BANGALORE-560036.
... RESPONDENTS (BY SMT. NANDITA HALDIPUR, ADV. FOR R1 & R2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF ASSISTANT PROVIDENT FUND COMMISSIONER DT.26.2.2015 VIDE ANNX-A ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING IN ‘B’ GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Case is called. There is no representation on behalf of the petitioner.
2. Learned counsel for the respondents submits that the order under challenge is an appealable order and that the petitioner has also preferred an appeal on 16.04.2015 and the same has been numbered as D-10/2015 and the respondents have also submitted their statement of objections before the Appellate Authority and the petitioner is not a beneficiary of any interim order of stay. Learned counsel would also invite the attention of the Court to paragraph Nos.2 and 3 wherein the petitioner has admitted to the factum of filing of the appeal.
3. In that view of the matter, this Court is of the opinion that the relief sought for in the instant writ petition being the subject matter of the appeal pending before the Competent Appellate Authority, the petitioner cannot maintain parallel proceedings.
Hence, the writ petition is disposed of with liberty to the petitioner to seek redressal of his grievance before the Appellate Authority.
No order as to costs.
Sd/- JUDGE VM CT:HR