THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.7075 OF 2010 Dated 30th March, 2010 Between: The Farmers Service Cooperative Society Ltd …Petitioner And The Recovery Officer and another …Respondents Counsel for the petitioner : Sri A.Prabhakar Rao Counsel for the respondents: Sri R.N.Reddy The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside orders dated 30.08.2007, 12.09.2008 and 21.07.2008 and also prohibitory orders dated 25.01.2010 and 01.02.2010 passed by respondent No.2. At the hearing, it is submitted by Sri R.N.Reddy, learned Standing Counsel for the respondents, that against order dated 12.09.2008, a statutory appeal lies under Section 7-I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and that the writ petition is not maintainable. The fact that the appellate remedy is available to the petitioner is not disputed by the learned counsel for the petitioner. Therefore, in my opinion, this writ petition filed bypassing the effective remedy of appeal cannot be entertained. The learned counsel for the petitioner, however, submitted that in cases of this nature, this Court is directing the appellate authority to entertain the appeal on the petitioner’s depositing 50% of the disputed amount and that a similar direction may be issued to the appellate authority. The learned Standing Counsel has not disputed this statement of the learned counsel for the petitioner. In view of the same, the writ petition is disposed of by permitting the petitioner to file an appeal against the abovementioned order within a period of four (4) weeks from today. If such appeal is filed along with deposit of 50% of the disputed amount, the appellate authority shall entertain and dispose of the same in accordance with law. Pending appeal, the respondents shall not take coercive steps against the petitioner. As a sequel to disposal of main petition, WPMP No.9133 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 30th March, 2010 Note: Issue C.C in a week vrn