The Bengal Immunity Company Limited vs The State Of Bihar And Others on 4 December, 1954
47. A plea has been taken in para 14 of the counter-affidavit that since no distress warrant has
actually been issued against the Petitioners so far and what has been issued is only a notice to show cause why distress warrant shall not be issued and that, accordingly, the Petition should be dismissed as premature has little substance. An application under Article 226 can be presented not only after the Petitioners' legal rights have been invaded already but also when they have been threatened with an immediate peril vide Bengal Immunity Co. v. State of Bihar . The notices which have been served unmistakably show that the Respondents will recover the demand, which is held by me to be illegal, unless restrained by the Court. Hence, there is a threat of immediate injury to the Petitioners.