IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION No.3990 of 2008 Between: M/s. Nellore Municipal Corporation, rep. by its Commissioner. ..... PETITIONER And: 1.The Assistant P.F. Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, Cuddapah. 2.The Commissioner, Provident Fund, Bhavishyanidhi Bhavan, Barkatpura, Hyderabad. 3.The Dy. Director, District Treasury, Nellore. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the order in proceedings No.AP/50192/Enf/NLR/SRO/KDP/2007/1799, dt.31.12.2007/7.1.2008 and the consequential order of attachment in proceedings No. AP/50192/ENF/NLR/SRO/KDP/2008/1890, dated 22.1.2008 issued by the 1st respondent as illegal, null and void, arbitrary, unreasonable and violative of ARticle 14 of the Constitution of India and violative of principles of natural justice and opposed to the very spirit and object of the Employees Provident Funds & Miscellaneous Provisions Act, 1952. Counsel for the Petitioner: MR.A.SREEDHAR Counsel for the Respondent Nos.1 to 3: MR.R.N.REDDY (SC FOR EMPLOYEES PF ORG.) The Court made the following : THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.3990 of 2008 ORDER: Heard the counsel. 2. Sri R.N.Reddy, learned Standing Counsel representing respondents 1 and 2 would submit that the impugned order is an appealable order under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. 3. The writ petition is filed seeking Writ of Mandamus declaring the proceedings No.AP/50192/Enf/NLR/SRO/KDP/2007/1799, dt.31.12.2007/ 7.1.2008 and the consequential order of attachment in proceedings No. AP/50192/ENF/NLR/SRO/KDP/2008/1890, dated 22.1.2008 issued by the 1st respondent as illegal, null and void, arbitrary, unreasonable and violative of Article 14 of the Constitution of India and violative of principles of natural justice and opposed to the very spirit and object of the Employees Provident Funds & Miscellaneous Provisions Act, 1952. 4. Several facts had been narrated in the affidavit filed in support of the writ petition. It is not in serious controversy that the order impugned in the writ petition is an appealable order. In view of the same, let the petitioner file an appeal before the Employees Provident Fund Appellate Tribunal within a period of eight weeks from the date of receipt of a copy of this order, on condition of the petitioner depositing fifty percent of the amount demanded and on such condition being complied with, the appeal be entertained and disposed of in accordance with law. Till the disposal of the appeal, the impugned order be stayed on compliance of the aforesaid condition. 5. The writ petition is accordingly disposed of at the stage of admission. There shall be no order as to costs. _________ 26.02.2008 Note: Furnish C.C. in one week. (B/o) sh