IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESSDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26918 of 2008 Between: T. Venkateswarlu Naidu S/o. Kotaiah M/s. Mohan Talkies, Kandukur, Prakasam District. ..... PETITIONER AND 1 The Assistant P.F. COmmissioner, Regional Office, Guntur, Guntur District. 2 The Superintendent of Police, Prakasam District, Ongole, Prakasam District. 3 The S.H.O. (Inspector of Police), Kandukur Police Station, Kandukur, Prakasam District. 4 The Employees Provident Fund Appellate Tribunal, Skylane Building, New Delhi rep. by Register. .....RESPONDENT(S) 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 to issue a Writ of Mandamus declaring the action of the 1st respondent in issuing the direction to the 3rd rspondent for arrest of the petitioner byits proceedings dated 01.12.2008 in AP/RO/GNT/19222/PRM/2008/1413 as illegal, arbitrary, unjust and in violation of principles of natural justice and consequently direct the 1st respondent not to proceed with the order dated 31.03.2008 in Proceedings No.AP/RO/GNT/Comp-II/PRM-I/19222/7A/Order/2007/1718 in Enquiry No.259/2007, pending disposal of the appeal of the petitioner before the 4th respondent and pass Counsel for the Petitioner:MR.G.L.NAGESWAR RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26918 of 2008 ORDER: 1 The petitioner approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble court may be pleased to issue a writ of Mandamus, declaring the action of the 1st respondent in issuing the direction to the 3rd respondent for arrest of the petitioner by its proceedings dated 01.12.2008 in AP/RO/GNT/19222/PRM/2008/1413 as illegal, arbitrary, unjust and in violation of principles of natural justice and consequently direct the 1st respondent not to proceed with the order dated 31.03.2008 in Proceedings No. AP/RO/GNT/Comp-II/PRM I/19222/7A/Order/2007/1718 in Enquiry No.259/2007, pending disposal of the appeal of the petitioner before the 4th respondent and pass such other order or orders as the Hon’ble Court deem fit and proper in the circumstances of the case.” 2 Having regard to the fact that inasmuch as the petitioner had already preferred an appeal before the 4th respondent and the same is pending consideration this Court is of the view that this Writ Petition can be disposed of at the stage of admission. 3 Accordingly, the Writ Petition is disposed of with a direction to the petitioner to deposit 50% of the amount payable as P.F. dues, as assessed by the 1st respondent, within a period of six weeks from today. -------------------------- SRI T.G.K, J. 10.12.2008 kvsn