APHC010303622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUSTk TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 16906 OF 2025 0^ 7 ^ o iO Between: 1. M/s. Vijetha Health Care and Research Centre (P) Ltd. Rep. by its Managing Director, R.V. Sivaram G2000170880001401, situated at 29-37-30, Prasad, Code No. Eluru Road, Suryarao pet, Vijayawada, Andhra Pradesh 2. Dr. R.V.Sivaram Prasad, S/o Raghava Naidu D.No.29-7-50/2, Street, Suryaraopet, now residing at #1203 West Magnolia Drive, Ramakrishna Towers, Vishnu Vardhanrao Vijayawada-520002 Sylacoga, Al 3510 ...Petitioners AND 1. The Union of India, Rep by its Secretary, Ministry Employment, Shram Shakti Bhawan Rafi Marg 110001. of Labour and New Delhi, India 2. The Employees State Insurance Corporation Rep by its Director General, Panchdeep Bhawan Comrade Indrajeet Gupta (CIG) Marg, New Delhi - 110 002. 3. Employees State Insurance Corporation, Regional Office, Road, Gunadala, Vijayawada -520004 4. Revenue Recovery Officer, Employees State Insurance Regional Office ESI Road, Gunadala, Vijayawada - 520004. ESI Hospital Corporation ...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 a writ, order or direction more particularly one in the nature of ll^’Writ of Mandamus to declare the action of respondents specifically Respondent No.4 proceedings issued Vide No. 62000170880001401/21620211037 dt 16/02/202 in accordance with Section 45-A of the ESI Act 1948 in relation to default payment is illegal. Arbitrary, Whimsical, Capricious, Contrary to the principles of consequently natural justice and Vide and reassess the quash 62000170880001401/21620211037 dt Petitioners herein by providing a reasonable opportunity. the proceedings 16/02/2021 No. lA NO: 1 OF 2Q2fi 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 grant stay on proceedings Vide No. 62000170880001401/21620211037 16/02/2021 in accordance with Section 45-A of the ESI Act dt: 1948 and all consequent proceedings including warrant of attachment of immovable property vide AP/RO/VJY/RRO/Q/62000170880001401 Dt: 19.05.2025 issued in compliance with ESI Act 1948 read with under Section Second and schedule to Income Tax Act, 1961 and Income Tax Rules, 1962 are violative of the principles of natural justice. Third as the same Counsel for the Petitioners: SRI UMESH CHANDRA P V G Counsel for the Respondent Nos. 2 to 4: SRI U.R.P. SRINIVAS Counsel for the Respondent No.1: SRI ENKEKALUVA ANJANA REDDY (CENTRAL GOVT COUNSEL) The Court made the following order: APHC010303622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTtCE SUMATHI JAGADAM WRIT PETITION NO: 16906/2025 Between: 1.VIJETHA HEALTH CARE AND RESEARCH CENTRE, CODE NO.G2000170880001401, SITUATED AT 29-37-30, ELURU ROAD, SUIYARAO PET, VIJAYAWADA, ANDHRA PRADESH 2.DR. R.V.SIVARAM PRASAD, S/0 RAGHAVA NAIDU,D.NO.29-7-50/2, TOWERS,VISHNUVARDHANRAO RAMAKRISHNA SURYARAOPET,VIJAYAWADA-520002 NOW RESIDING AT WEST MAGNOLIA DRIVE, SYLACOGA, Al 3510 STREET, 1203 ...PETITIONER(S) AND 1.THE UNION OF INDIA, REP BY ITS SECRETARY, MINISTIY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN RAFI MARG, NEW DELHI, INDIA 110001. 2.THE EMPLOYEES STATE INSURANCE CORPORATION, REP BY ITS PANCHDEEPBHAWAN DIRECTOR GENERAL, INDRAJEET GUPTA (CIG) MARG, NEW DELHI - 110 002. COMRADE 3. EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE, ESI HOSPITAL ROAD. GUNADALA, VIJAYAWADA-520004 4.REVENUE RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE ESI ROAD, GUNADALA, VIJAYAWADA - 520004. ...RESPONDENT(S): 2 JS,J W.P.No.16906/2025 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 fC particularly one in the nature of a Writ of Mandamus to declare the action of respondents specifically Respondent No.4 proceedings issued P “ricaiiy 62000170880001401/21620211037 dt 16/02/202 in accordance with Section Whim-^ral arbitrary, whimsical, capricious, contrary to the principles of natural justice and consequently quash the proceedings 62000170880001401/21620211037 dt.16/02/2021 and reassess the Petitioners herein by providing a reasonable opportunity and pass such other order or orders as this Hon'ble Court deem fit and proper in the present circumstances of the case, and to lA NO: 1 OF Vide No. Vide No. pass Petition under Section 151 CPC in the -4 41 ^ • praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay proceedings Vide No.62000170880001401/21620211037 dt:16/02/2021 in accordance with Section 45-A of the ESI Act 1948and consequent proceedings including warrant of attachment of immovable property wefe AP/ROA/JY/RRO/Q/62000170880001401 Df 19 05 2025issued m compliance with ESI Act 1948 read with under Section Second and Third schedule to Income Tax Act, 1961 and Income Tax Rules, 1962 as the same are violative of the principles of natural justice and pass lA NO: 2 OF 2n?.4 Pefflion 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 direct the Registry to post W.P.No. 16906/2025 under the Mentioned” to order correction caption “For Being or rectification of the said part by specifically ordering to remove subject to the Petitioner depositing 25% mentioned in warrant that of the amount was attached to the immovable property issued vide No.AP/RO/VJY/RRO/Q/62000170880001401 L instead of the payment should be made according to the earlier proceedings re., No.62000170880001401/21620211037 dt:16/02/2021 in accordance with Section 45-A of the ESI Act 1948 (as amended) amounts to Rs 15,38,394/- in the interests of justice and to was DT: 19.05.2025 w.e.f. 01-06-2010 that ' pass 3 JS,J W.P.No.16906/2025 Counsel for the Petitioner(S): 1.UMESH CHANDRA PVG Counsel for the Respondent(S): 1.U.R.P. SRINIVAS 2.ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL) The Court made the following ORDER: The present writ petition is filed under Article 226 of Constitution of India seeking the following relief: ...to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus to declare the action of respondents specifically Respondent 62000170880001401/21620211037 dt 16/02/202 in accordance with Section 45-A of the ESI Act 1948 in relation to default payment Is Illegal, arbitrary, whimsical, capricious, contrary to the principles of natural justice and consequently 62000170880001401/21620211037 dt.16/02/2021 and reassess the Petitioners herein by providing a reasonable opportunity and pass such other order or orders as this Hon’ble Court deem fit and proper in the present circumstances of the case, and to pass... No. 4 proceedings issued Vide No. proceedings Vide No. quash the During the course of hearing, learned counsel for the petitioners as well as learned Standing Counsel appearing for the respondents have consented to dispose of the writ petition. 2. Sri U.R.P.Srinivas, learned Standing Counsel appearing for the respondents submits that in view of depositing 25% of the amount mentioned in the proceedings No.62000170880001401/21620211037, dated 16.02.2021, the petitioners can agitate their grievance before the appellate authority under Section 45AA of the of the Employees’ State Insurance Act, 1948 (for short ‘the Act’). 3. In view of the same, the Writ Petition is disposed of, directing the petitioner to approach the 2"^ respondent under Section 45AA of the Act, within two (2) weeks from the date of receipt of a copy of this order. On such 4. 4 JS,J W.P.No.16906/2025 representation, the respondents shall consider and pass appropriate orders expeditiously as possible. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand as closed. Sd/-B.PRASADA RAO ASSISTANT, REGISTRAR //TRUE COPY// SEC OFFICER To, 1- The Secretary, Union of India, Ministiy of Labour and Employment, Shram Shakti Bhawan Rafi Marg 2. The Employees State . New Delhi, India 110001. Insurance Corporation Rep by its Director Comrade Indrajeet Gupta (CIG) General PanchdeepBhawan New Delhi - 1io 002. 3. The Employees State Marg, Insurance Corporation Regional Office ESI Hospital Road, Gunadala, 4. The Revenue Vijayawada -520004 Recovery Officer, Corporation, Regional Office ESI 5. One CC to Sri Umesh Chandra 6. One CC to Sri U R Employees State Insurance Road, Gunadala, Vijayawada-520004. P V G Advocate [OPUC] P Srinivas Advocate [OPUC] Enkekaluva Anjana Reddy(Central 7. One CC to Sri Advocate [OPUC] 8. Two CD Copies Govt Counsel) TF high court DATED:20/08/2025 ORDER WP NO. 16906 OF 2025 disposing of the W.P., WITHOUT COSTS