IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27510 of 2008 Between: Southern Power Distribution Company of A.P., Ltd., Rep by its Superintending Engineer(O), Nellore. ..... PETITIONER AND Employees Provident Fund Organization, Sub-Regional Office, 1/30, Railway Station Road, Kadapa. .....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 order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents declare the Proceedings No.AP/CDP/Circle:41/Damages/AP/43248/CA/991, Dated 19-3-2008 for recovery of Rs.1,63,914/- as illegal, arbitrary and unjust and consequently set aside the same with a further direction that not to claim any interest for the period from March, 2000 onwards and pass Counsel for the Petitioner:MR.G.VIDYASAGAR 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.27510 of 2008 ORDER: 1 Questioning the notice dated 19.03.2008 issued by the Employees’ Provident Fund Organisation under Section 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 – Levy of Damages, the petitioner approached this Court and filed the present Writ Petition. 2 When this matter is taken up for hearing, learned counsel for the petitioner has drawn my attention to the Challan dated 03.07.2008 whereby an amount of Rs.81,957/- was paid. Of course, the said amount is not paid within the period as provided for under the statute. But, having regard to the fact that as the said amount has already been deposited, this Court is of the view that the respondent can be directed not to collect any damages for non payment of the amount within the time stipulated. 3 The Writ Petition is accordingly disposed of at the stage of admission. No order as to costs. -------------------------- SRI T.G.K, J. 18.12.2008 kvsn