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2025 DAILYLAW 41796 (AP)

G.Narayan Reddy, v. The State of Andhra Pradesh rep., by its Principal Secretary

WP/20033/2017 · 2025-10-30

Maheswara Rao Kuncheam

body2025

Judgment text

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1 APHC010381292017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20033 OF 2017 Between: 1. G.Narayan Reddy, S/o.Late G.Narayana Reddy, Aged about 41 years, Occ:Gardener, Horticulture Section, Kadapa Municipal Corporation, Kadapa, Y.S.R.District, R/o. Gurrala Chinthalapalli, Cheemalapenta Post, Pendlimarri Mandal, Y.S.R District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Velgapudi, Guntur District. 2. The Commissioner, Kadapa Municipal Corporation, Kadapa, YSR District. 3. The Employees State Insurance Corporation, ESI Hospital Road, Gunadala, Vijayawada, Krishna District, Andhra Pradesh. 4. The Employees State Insurance Corporation Hospital, Padmavathi Center, Podalakur Road, Nellore, Nellore District, 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part respondent No.2 in paying the ESI contribution as is envisaged under Section 39 of the Employees State Insurance Act, 1948 2 evenafter deducting the same from the petitioner salary as arbitrary, illegal, abdication of the statutory duty cast on him and voilative of the fundamental rights guaranteed to the petitioner under Article 14, 19 & 21 of the Constitution of India and consequently to direct the respondent No.2 to continue to pay the employees and employer's ESI Contribution to the respondent No.3 Corporation without any default and pass such other order or orders as are deemed fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 24515 OF 2017) 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 direct the respondent No.2 to pay the employees and employer's ESI Contribution to the respondent No.3 Corporation for the period from 01-06-2016 to 31-05-2017 forthwith, pending disposal of the above Writ Petition Counsel for the Petitioner: V R REDDY KOVVURI Counsel for the Respondents: POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region Counsel for the Respondents:GP-MUNCIPAL ADMN AND URBAN DEV(AP) Counsel for the Respondents:S D GOWD Counsel for the Respondents:S SIVA KUMARI The Court made the following Order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.20033 OF 2017 ORDER: The present writ petition is filed by the petitioner under Article 226 of Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part respondent No.2 in paying the ESI contribution as is envisaged under Section 39 of the Employees State Insurance Act, 1948 evenafter deducting the same from the petitioner salary as arbitrary, illegal, abdication of the statutory duty cast on him and voilative of the fundamental rights guaranteed to the petitioner under Article 14, 19 & 21 of the Constitution of India and consequently to direct respondent No.2 to continue to pay the employees and employer's ESI Contribution to the respondent No.3 Corporation without any default and pass…..” 2. Today, when the matter is taken up for hearing, learned counsel Sri Ravi Teja, representing Sri V.R.Reddy Kovvuri, learned counsel for the petitioner submits that the petitioner, viz. G.Narayan Reddy, as well as his wife are no more, and presently, the legal representatives of the petitioner are not in contact with him. Hence, he seeks permission of this Court to close the writ petition with a liberty to work out his remedies in accordance with law. 4 3. In view of the submission made by the learned counsel for the petitioner, the writ petition is closed granting liberty to work out remedies in accordance with law. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:31.10.2025 Rns 5 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.20033 of 2017 Date:31.10.2025 RNS