M/s Bharath Constructions, v. The Assistant Director,
WP/13147/2026 · 2026-05-05
Tarlada Rajasekhar Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2437 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2437 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010251372026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13147/2026 Between:
1. M/S BHARATH CONSTRUCTIONS,, REP. BY ITS PROPRIETOR LINGAREDDY BHARATH REDDY, S/O L RAM PRASAD REDDY, AGED ABOUT 49 YEARS, O/O 1ST STREET, RAMALINGAPURAM, NEAR HYMAVATHI HOSPITAL, NELLORE,AP
1. THE ASSISTANT DIRECTOR, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP BHAWAN ESIC ROAD, GUNADALA, VIJAYAWADA
2. THE RECOVERY OFFICER, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PA BHAWAN, ESIC ROAD, GUNADALA, VIJAYAWADA
3. THE DEPUTY DIRECTOR, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP BHAWAN, ESIC ROAD, GUNADALA, VIJAYAWADA
4. THE CHIEF MANAGER, STATE NELLORE, NELLORE DISTRICT, AP
5. EMPLOYEES STATE INSURANCE CORPORATION ESIC, REP. BY ITS REGIONAL DIRECTOR, ESIC ROAD, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT -
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13147/2026 M/S BHARATH CONSTRUCTIONS,, REP. BY ITS PROPRIETOR LINGAREDDY BHARATH REDDY, S/O L RAM PRASAD REDDY, AGED ABOUT 49 YEARS, O/O 1ST STREET, RAMALINGAPURAM, NEAR HYMAVATHI HOSPITAL, NELLORE,AP-524001 ...PETITIONER AND DIRECTOR, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP BHAWAN ESIC ROAD, GUNADALA, VIJAYAWADA - 520004 THE RECOVERY OFFICER, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PA BHAWAN, ESIC ROAD, GUNADALA, VIJAYAWADA - 520004 THE DEPUTY DIRECTOR, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP BHAWAN, ESIC ROAD, GUNADALA, VIJAYAWADA - 520004 THE CHIEF MANAGER, STATE BANK OF INDIA, VMC BRANCH, NELLORE, NELLORE DISTRICT, AP – 524001. EMPLOYEES STATE INSURANCE CORPORATION ESIC, REP. BY ITS REGIONAL DIRECTOR, ESIC ROAD, GUNADALA, VIJAYAWADA, -520004. IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO M/S BHARATH CONSTRUCTIONS,, REP. BY ITS PROPRIETOR LINGAREDDY BHARATH REDDY, S/O L RAM PRASAD REDDY, AGED ABOUT 49 YEARS, O/O 1ST STREET, RAMALINGAPURAM, ...PETITIONER DIRECTOR, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP 520004 THE RECOVERY OFFICER, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP 520004 THE DEPUTY DIRECTOR, REGIONAL OFFICE, ANDHRA PRADESH, EMPLOYEE STATE INSURANCE CORPORATION (ESIC), PANCHDEEP 520004 BANK OF INDIA, VMC BRANCH, EMPLOYEES STATE INSURANCE CORPORATION ESIC, REP. BY ITS REGIONAL DIRECTOR, ESIC ROAD, GUNADALA, VIJAYAWADA,
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6.
UNION OF INDIA, REP. BY ITS SECRETARY, DEPARTMENT OF LABOUR AND EMPLOYMENT, NEW DELHI - 110001
...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 topleased to issue a Writ of Mandamus or any other appropriate Writ or direction declaring the ex-parte Assessment Order dated 13.12.2023 under Section 45 - A of ESIC Act, 1948 passed by the Respondent No.1 determining the ESIC contributions for the period from 01.11.2018 to 30.09.2023 as Rs. 2,95,680/- along with interest without service of notices, without verifying any registers, and the subsequent Order of Attachment of Bank Account in Respondent No. 3 Bank under Section 45-G of ESIC Act, 1948 passed by the Respondent No.2 as being illegal, arbitrary, in violation of principles of natural justice, contrary to 45-A and violation of Articles 14, 19(1)(g), and 21 of the Constitution of India, and consequently set aside the same and pass IA NO: 1 OF 2026 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 pleased to grant stay of all further proceedings, including recovery of Rs 2,95,680/- along with interest pursuant to the impugned Order dated 13.12.2023 under Section 45-A of ESIC Act, 1948 for the period from 01.11.2018 to 30.09.2023 passed by the Respondent No.1 and subsequent
Order of Attachment of Bank Account passed by Respondent No.2 in Respondent No.4’s bank under Section 45-G of ESIC Act, 1948 and pass IA NO: 2 OF 2026 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 pleased to suspend attachment of bank account in Respondent No.4 bank pursuant to the impugned Order dated 13.12.2023 under Section 45-A of ESIC Act, 1948 for the period from 01.11.2018 to 30.09.2023 passed by the Respondent No.1 and pass Counsel for the Petitioner:
1. L CHANDRA OBUL REDDY Counsel for the Respondent(S):
1.
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13147 OF 2026
ORDER:
Heard the learned counsel for the petitioner and the learned counsel Sri S.C.Naidu, appearing on behalf of respondents No.1 to 5. The learned counsel for the petitioner sought permission of this Court to withdraw the writ petition and grant liberty to avail alternative remedy of filing appeal under E.S.I.C, Act and the same was endorsed on the bundle. The
learned counsel for the respondents did not oppose the same.
2. Permission accorded. The petitioner is directed to file application within a period of two (02) weeks and on their filing the application, the appellate authority to process of the same.
3. With the above observation, the writ petition is dismissed as withdrawn. No order as to costs.
As a sequel thereto, miscellaneous petitions, pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO
Date: 06.05.2026 GRL
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.13147 of 2026
Date: 06.05.2026 GRL