IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12467 of 2009 Radhey Shyam Singh @Mohan Singh son of Late Sorba Narayan Singh Proprietor, Mohan Cinema Babu Bagh, Ara District Bhojpur, Resident of village Belihar, Police Station Simari, District Buxar Versus 1. The State Of Bihar 2. The District Magistrate, Bhojpur at Ara 3. The Superintendent of Police, Bhojpur at Ara 4. The Central Provident Fund Commissioner, New Delhi 5. The Assistant Provident Fund Commissioner, R. Block, Raod No. 6, Patna-01 6. The Regional Provident Fund Commissioner, R. Block, Road No. 6, Patna-01 7. The Recovery Officer, Office of the Recovery Officer, R. Block, Road No.6, Patna-01 ----------- 02/ 06.10.2009 Heard learned counsel for the parties. 2. Petitioner is the proprietor of Mohan Cinema, Ara. He is aggrieved by the warrant of arrest issued by the Recovery Officer, which is dated 18.5.2009 and is contained in Annexure-7 to this application. 3. Perusal of the warrant of arrest, Annexure-7 indicates that for failure to deposit the provident fund dues of the Cinema House amounting to Rs. 4,01,943/-, warrant of arrest has been issued against the petitioner. 4. It is submitted on behalf of the petitioner that before the issue of warrant of arrest, petitioner had filed his show cause reply dated 6.4.2009, Annexure-6 asserting that he came in possession of the lands over which the Cinema House has been raised under two sale deeds dated 17.4.1990 and 8.9.1990 and is not liable to pay the workers’ provident fund dues of the earlier time. It is further submitted that till date show 2 cause filed by the petitioner dated 6.4.2009 has not been disposed of, yet the Recovery Officer has issued warrant of arrest dated 18.5.2009, Annexure-7 to this application. Such action according to the learned counsel for the petitioner is in teeth of the provisions contained in Section 9 of the Public Demands Recovery Act. 5. Without going into the correctness or otherwise of the submission raised by the petitioner, I dispose of this writ application directing the Recovery Officer, Respondent no.7 not to take coercive steps pursuant to warrant of arrest dated 18.5.2009, Annexure-7 to this application until disposal of the show cause dated 6.4.2009, Annexure-6 with further direction to the Recovery Officer to consider the show cause reply dated 6.4.2009, Annexure-6 in accordance with law as early as possible, in any case within reasonable time not exceeding three months from the date of receipt/ production of a copy of this order. 6. It goes without saying that in the event show cause reply is rejected, the Recovery officer shall proceed with the execution of the warrant of arrest. 7. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)