IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 20055 of 2004 Between: Executive Engineer, TLC Division, Andhra Pradesh Transmission Corporation, Kurnool. ..... PETITIONER AND The Assistant provident Fund Commissioner, sub Regional office, 1/30 R.S.Road, Cuddapah-516004. .....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 or direction or a writ more particularly one in the nature of writ of Mandamus, restraining the respondent in giving effect to his proceedings No.AP/CP/43261/ ENF/Knl/SRO/CDP/2004-05/6316, dt.19.10.2004. Counsel for the Petitioner: MR.S.RAVINDRANATH Counsel for Respondent: MR.R.N.REDDY The Court at the admission stage made the following : ORDER: The demand notice dated 19-10-2004 issued to the petitioner pursuant to the order passed under Sections 7-A and 14-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for shot ‘the Act’) is the subject matter of challenge in the present writ petition. Against the order passed under Section 7-A of the Act, proper remedy for the petitioner is to file an appeal before the appellate Tribunal. Without questioning the assessment order as well as the penal damages levied, if any, he cannot question the consequential demand notices issued thereon. If the petitioner is aggrieved by the said assessment order, it is open for him to file an appeal before the appellate Tribunal. In view of the same, interest of justice will be met, if the petitioner deposits 50% of the amount so demanded within a period of eight weeks from today, no further steps shall be taken pursuant to the assessment orders subject to petitioner filing an appeal within a period of four weeks against the said orders. In the event of such an appeal is filed before the appellate Tribunal, the same has to be disposed of by the appellate Tribunal without insisting the petitioner for deposit of 75% of the due amount. The Writ Petition is accordingly disposed of. No costs. _____________________ A. Gopal Reddy, J. 2nd November, 2004. Js. ASSISTANT REGISTRAR To 1 The Assistant provident Fund Commissioner, Sub Regional office, 1/30 R.S.Road, Cuddapah-516004. 2 2 CD copies.