The State Of Andhra Pradesh. v. The Central Provident Commissioner,

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.8946 OF 2015 ORDER:

Heard learned Government Pleader for petitioners and Sri R.N.Reddy, learned Standing Counsel for respondents. Sri R.N.Reddy objects to the maintainability of writ petition in fact and law. His primary objection is that all the remedies against the order impugned shall have to be worked out by filing a statutory appeal and no reason, much less special circumstance is shown by the petitioners to invoke the jurisdiction of this Court under Article 226 of the Constitution of India.

The learned Government Pleader while admitting the position that the remedy of appeal, no doubt, is a statutory remedy submits that the petitioner being a State Government Undertaking has to follow the procedure and little more time is required for filing the appeal. The hardship on account of attachment effected through the impugned order is also brought to the notice of the Court. Perused the material available on record.

As rightly contended by Sri R.N.Reddy, the issue involves detailed consideration by the appellate authority under the Act. The petitioners are given three weeks time from today to prefer an appeal before the appellate authority. The order impugned in the writ petition is suspended for a period of four weeks from today and the petitioners are at liberty to obtain further orders by moving appropriate applications before the competent authority.

The writ petition is, accordingly, disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________ S.V.BHATT, J 24th April, 2015 Lrkm