IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4272 of 2006 1. M/S HOLI GANGES PUBLIC SCHOOL, GANDHI NAGAR, P.S. KHAGARIA, DISTRICT KHAGARIA-851204 THROUGH ITS PROPRIETOR TRIBHUWAN PRAKASH JALAN. 2. TRIBHUWAN PRAKASH JALAN SON OF LATE CHATTU JALAN, PROPRIETOR M/S HOLI GANGES PUBLIC SCHOOL, GANDHI NAGAR, P.S. KHAGARIA, DISTRICT KHAGARIA. …. PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH THE REGIONAL PROVIDENT FUND COMMISSIONER, BIHAR, EMPLOYEES PROVIDENT FUNDS ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, ‘R’ BLOCK, ROAD NO.6, PATNA-800001. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUNDS ORGANISATION, DEPUTY REGIONAL OFFICE, ADAMPUR CHOWK, BHAGALPUR, BIHAR. .. RESPONDENTS. ----------- 3. 10.03.2011 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Against the assessment order dated 23.1.2006 passed by the Assistant Provident Fund Commissioner, Bhagalpur, contained in Annexure-7, petitioner has preferred Appeal Case No. ATA 148(3) of 2006 before the Employees Provident Fund Appellate Tribunal which remained pending as there was no Presiding Officer in the Tribunal. By filing counter affidavit the Provident Fund Organization has submitted that the Presiding Officer for the Tribunal has been appointed and petitioner can pursue his aforesaid appeal before the Tribunal. 3. Having heard counsel for the parties, I direct the Appellate Tribunal to hear and dispose of the aforesaid appeal of the petitioner as early as possible provided the same has not 2 already been disposed of. For stay of the demand notice dated 7.3.2006, Annexure-1, petitioner is always at liberty to request the Tribunal in the aforesaid appeal. 4. The writ application, is accordingly, disposed of. Ibrar/ ( V.N. Sinha, J.)