IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30945 OF 2024 ^ Between: M/s. Sri Kavitha and Manasa Agencies, YathikNivas, Room no.8, Srisailam, Kurnool Dist.- 518101, Andhra Pradesh, Represented by its Managing Partner Mayaluri Venkateswarlu. ...PETITIONER- AND 1. The Union of India, Through Ministry of Labour and Employment Represented by its Secretary, New Delhi. 2. Employees State Insurance Corporation, Represented by its Assistant Director, D.no. 6-177/A, Varadaraja Nagar, Tirupathi, Andhra Pradesh 517507. 3. The Recovery Officer, Employees State Insurance Corporation, Represented by its Recovery Officer D.no. 6-177/A, Varadaraja Nagar! Tirupathi, Andhra Pradesh, 517507. 4. The Executive Officer, Sri Mahanandeeswara Swamy Devasthanam* Mahanandi, (Pervious is Kurnool District). Nandyal District. 5. The Executive Officer, Sri Bharamamba Mallikarjuna Swamy, Srisaila Devasthanam, (Pervious is Kurnool District). Nandyal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of r -Ti f the 3rd respondent in issuing notice of demand dated 16.10.2024 U/s 45-C to 45-I of ESI Act, 1948 determining Rs.3,81,505/- for an amount payable to 2nd respondent corporation and consequential the 2nd respondent order dated 23.09.2024 addressed to the 3rd respondent for recovery of Rs.3,80,786/- from the petitioner under Section 45-C to 45-1 of the Employee State Insurance Act, 1948 (ESI Act) as illegal, arbitrary, malafide and without jurisdiction and without giving any opportunity of hearing to the petitioner Justice apart from being violate of Article 14, 19(1)(g) and 21 of the Constitution of India and set aside the same in the interest of justice. ^ lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 impugned order vide dated 23.09.2024 U/s 45-A of ESI Act, 1948 determining an amount of Rs. Rs.3,80,786/- and the consequential order No. 79000504070001018/CP/624064 dated 16.10.2024 passed by the 3rd respondent for recovery of Rs.3,81,505/- from the petitioner under Section 45-C to 45-1 of the Employee State Insurance Act, 1948 (ESI Act), during the pendency of the above writ petition in the interest of justice. .- Counsel for the Petitioner: SRI G SRAVAN KUMAR Counsel for the Respondent Nos.2 & 3: SMT. S SIVA KUMARI Counsel for the Respondent No.1: SRI PASALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) Counsel for the Respondent Nos. 4 & 5: SRI G RAMANA RAO (SC FOR ENDOWMENTS) The Court made the following: ORDER APHC010590102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30945/2024 Between: M/s. Sri Kavitha And Manasa Agencies ...PETITIONER AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1.GSRAVAN KUMAR Counsel for the Respondent(S): 1.SSIVAKUMARI 2. The Court made the following: Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition, with a liberty to file an appeal before the appellate authority. Permission is accorded as sought for. Writ petition is dismissed as withdrawn, granting liberty to the petitioner to prefer an appeal before the appropriate forum/authority. Consequently, miscellaneous applications pending if any, shall also stand dismissed. No costs. Sd/-VSAVITHRIGOWRI I ASSISTANT REGISTRAR f //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri G Sravan Kumar Advocate [OPUC] 2. One CC to Smt. S Siva Kumari Advocate [OPUC] 3. One CC to Sri Pasala Ponna Rao (Deputy Solicitor General of India) [OPUC] 4. One CC to Sri G Ramana Rao, (SC for Endowments), Advocate [OPUC] 5. Three CD Copies TF HIGH COURT DATED:07/01/2025 ORDER WP.No.30945 of 2024 ^[5 OF g 0? FES as j ^ Current Section . ^ o DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS