IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.6207 of 2009 Between: Eastern Power Distribution Company of Andhra Pradesh Limited, represented by the Divisional Electrical Engineer, Operation Division, Kakinada, East Godavari District. ..... PETITIONER AND Assistant Provident Fund Commissioner, (Regional Provident Fund Commissioner), Sub-Regional Office, Employees Provident Fund Organization, Sri Laxmi Golden Plaza, 2nd & 3rd Floors, Danavaipeta, Rajahmundry, East Godavari District, Andhra Pradesh. .....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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari and call for the records relating to and connected with proceedings No.AP/SRO/RJY/7A/46647/Comp/Kkd/2009/2804, dated 18.03.2009 and consequential order No.AP/RJY/46647/SRO/RJy/Enf/KKD/2009/2806 dated nil and quash or set aside the same as illegal, arbitrary, without jurisdiction and competence and pass. Counsel for the Petitioner: MR.P.NAVEEN RAO Counsel for the Respondent: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : ORDER: This writ petition has been filed assailing proceedings No.AP/SRO/RJY/7A/46647/Comp/Kkd/2009/2804, dated 18.03.2009, and consequential order No.AP/RJY/46647/SRO/RJy/Enf./KKD/2009/ 2806, dated Nil. When the writ petition came up for admission Sri R.N.Reddy, learned Standing Counsel of Employees Provident Fund Organisation received notice on behalf of the respondent. The facts of the case are not required to be dealt with in view of the order proposed to be passed. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. Indisputably, a statutory remedy by way of an appeal is available to the petitioner to assail the order impugned in the writ petition. The petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India on the ground that it is handicapped in working out the statutory remedy because of the prohibitory order. In that view of the matter, the notice vide No.AP/RJY/46647/SRO/RJy/Enf./KKD/2009/ 2806, dated Nil, issued under Section 8F of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 is suspended for a period of four weeks subject to the petitioner depositing half of the amount indicated therein within three weeks so as to enable the petitioner to approach the appellate authority and obtain necessary orders. Accordingly, this writ petition is disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 25.03.2009 Note: Issue operative portion by wire at party’s cost. B/o. va