IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 9435 of 2008 Between: A. Venkat Reddy S/o. Subba Reddy Domalpenta (Post and village), Srisailam Project West, Mahaboobnagar District. ..... PETITIONER AND The Divisional Provident Fund Commissioner-II, A.P.F.C., Regional Officer, 3-4-763, Barkatpura, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to by issuing a writ, order or direction more particularly one in the nature of Mandamus by declaring the action of the respondent in imposing damages and interest on the petitioner vide Proceedings No.AP/43044/P.D.Cell/RO/Hyd/2007/878, dt. 17.12.2007 and rejecting the request of the petitioner to reopen / review / reconsider the matter vide Proceedings No.AP/43044/P.D.Cell/RO/Hyd/2008/14, dt. 31.03.2008 of the respondent as arbitrary, illegal, unjust, contrary to law, without application of mind, in violation of principles of natural justice and also in violation of Articles 14 and 21 of the Constitution of India and pass Counsel for the Petitioner:MR.P.SRIDHAR RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : Oral order: Subject to the condition of the petitioner paying a sum of Rs.50,000/- (Rupees Fifty thousand) on or before 31-5-2008, the respondent will not take any coercive measures including attachment of the Bank account of the petitioner. The petitioner will also submit a detailed representation as to how the computation resorted to both in terms of Section 7Q as well as Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 are inaccurate. He will produce such material along with the said representation and upon submission of the such representation and material, the respondent may provide him an opportunity to participate in the enquiry. If the petitioner commits any default in making payment of Rs.50,000/- before 31-5-2008 or fails to submit the representation enclosing the material thereto, the respondent is free from proceeding further from the stage where it stands. The freeze affected on the Bank account by the respondent in the meantime will be lifted. With the above observations, the writ petition is disposed of. There shall be no order as to costs. ________________________________ NOOTY RAMAMOHANA RAO, J 28th April, 2008 Note: Copy by today. /B.O/ GRR To 1.2CCs to 2.2CD copies