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High Court of Andhra Pradesh · body

2025 DAILYLAW 12234 (AP)

Devi Social Service Association, v. The Union of India,

WP/7246/2025 · 2025-06-25

Subba Reddy Satti

body2025

Judgment text

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APHC010142972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SR! JUSTICE SUBBA REDDY SATT! WRIT PETITION NO: 7246 OF 2025 Between: Devi Social Service Association, Having its Office at D.No.9-2-172/3, Near Surya Junior College Represented by its President A.V. Ramana Murthy, S/o. Thamma Rao. Jangareddigudem, West Godavari District. ( ...Petitioner AND 1. The Union of India, Ministry of Labour and Employment, Represented by its Secretary, New Delhi. 2. Employees State Insurance Corporation, Represented by its Assistant Director/Deputy Director, Panchdeep Bhavan, ESIC Road, Gunadala, Vijayawada, Andhra Pradesh. 3. Employees State Insurance Corporation, Represented by its Recovery Officer Panchdeep Bhavan, ESIC Road, Gunadala Vijayawada, Andhra Pradesh. / ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3'^'^ respondent in impugned demand vide Ref.No.62000228220001001/CP/639695 dated 10.01.2025 determining passing the Rs.55,24,500/- payable by the petitioner under < Section 45-C to 45-1 of the Employee State Insurance Act, 1948 (ESI Act) and consequential order vide No.AP/ROA/JA/MEC/62-00-022822-000-1001dated 07.03.2025issued by the 2"'^ respondent as illegal, arbitrary, violative of principled of natural justice and also violative of Article 14, 19(1)(g) and 21 of the Constitution of India and set aside the same and direct the 2nd respondent to grant an opportunity of hearing to the petitioner to put forth his case against the impugned demand in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings pursuant to the issuance of the notice vide Ref.No.62000228220001001/CP/639695 impugned demand dated 10.01.2025 for an amount of Rs. Rs.55,24,500/- by the 3rd respondent for recovery of the said amount under Section 45-C to 45-1 of the Employee State Insurance Act, 1948 (ESI Act). Counsel for the Petitioner: SRI K. NARSI REDDY Counsel for the Respondent No.1 : SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 & 3 : Mrs.S. SIVA KUMARI The Court made the following order: APHC010142972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY.THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7246/2025 Between: 1.DEVI SOCIAL SERVICE ASSOCIATION,, HAVING ITS OFFICE AT D.NO.9-2-172/3, JANGAREDDIGUDEM, REPRESENTED BY ITS PRESIDENT A.V. RAMANA MURTHY, S/0 THAMMA RAO. NEAR SURYA JUNIOR WEST GODAVARI COLLEGE, DISTRICT. ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, REPRESENTED BY ITS SECRETARY, NEW DELHI. 2. EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY ITS ASSISTANT DIRECTOR/DEPUTY DIRECTOR, PANCHDEEP BHAVAN, ESIC ROAD, GUNADALA, PRADESH. VIJAYAWADA, ANDHRA 3.EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY ITS RECOVERY OFFICER PANCHDEEP BHAVAN, ESIC ROAD, GUNADALA VIJAYAWADA, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the impugned demand vide Ref.No.62000228220001001/CP/639695 dated 3rd respondent in passing the 2 10.01.2025 determining Rs.55,24,500/- payable by the petitioner under Section 45-C to 45-I of the Employee State Insurance Act, 1948 (ESI Act) apd-^ consequential order vide No.AP/ROA/JA/MEC/62-00-022822-000-1001 dated 07.03.2025issued by the 2nd respondent as illegal, arbitrary, violative of principled of natural justice and also violative of Article 14, 19(1)(g) and 21 of the Constitution of India and set aside the same and direct the 2nd respondent to grant an opportunity of hearing to the petitioner to put forth his case against the impugned demand in the interest of justice lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the issuance of the impugned demand notice vide Ref.No.62000228220001001/CP/639695 dated 10.01.2025 for an amount of Rs. Rs.55,24,500/- by the 3rd respondent for recovery of the said amount under Section 45-C to 45-1 of the Employee State Insurance Act, 1948 (ESI Act), Counsel for the Petitioner: i 1.KNARSI REDDY Counsel for the Respondent(S): 1.SSIVAKUMARI 2. The Court made the following ORDER: Learned counsel for the petitioner seeks permission to withdraw the present writ petition. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- P VINOD KUWIAR --1STRAR SECTloh OFFICER //TRUE COPY// assistant To, 1. One CC to Sri K. Narsi Reddy, Advocate [OPUC] 2. One CC to Mrs. S: Siva Kumari, Advocate [OPUC] 3. One CC to Sri P. Ponna Rao, Deputy Solicitor General of India . [OPUC] 4. Two CD Cooies HIGH COURT DATED:26/06/2025 \ ORDER WP NO. 7246 OF 2025 DISMISSING THE W.P AS WITHDRAWN WITHOUT COSTS i