The Regional Provident Fund Cormimssioner-I, v. Employees Provident Fund Appellate Tribunal,
132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 22982 OF2014 Between:
The Regional Provident Fund Commissioner-l, Office of the Employees Provident Fund Oiganisation, Regional office, 3-4-763, Bahvishyanidhi Bhavan, Barkatpura, Hyderabad -5OOO27.
..,..PETITIONER AND
1. Employees Provident Fund Appellate Tribunal, 4th Floor, Core-2, SCOPE Minar, Lakshminagar, Delhi-1 10 092, Rep. by its Registrar.
2. M/s Rangaraya Construction Ltd., 7th Floor, Raghavaratna Towers, Chirag Ali Lane, Abids, Hyderabad.
.....RESPONDENTS Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, or Order, or Direction especially in the nature of Writ of Certiorari calling for the records relating to the order dated 13-6-201 4 passed in Appeal ATA No.477(1)2014 and quash the same as illegal and unjust in so for as it is against the petitioner and in consequence direct the 2nd respondent to deposit 75% of the dues as assessed through order dated 3-4-201'4 u/s 7 A of the Act.
|.A.NO:1 OF 2014 (WPMP.NO :28806 OF 2014) Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to deposit 7 5o/o of the dues assessed through order dated 3-4-2014 uis 7 A of the Act.
Counsel for the Petitioner : SRI R.N.REDDY Counsel for the Respondents : M/s K.UDAYA SRI The Court made the following ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION 0.22982 ot 2OL4 ORDER:
Heard learned counsel for the petitioner and learned counsel for the respondents.
2.
The petitioner approached this Court seeking the relief as under:
"issue Writ or Order, or Direction especially in the nature of Writ of Certiolari calling for the records relating to the order dated 13.6.2014 passed in Appeal ATA No. 477(l)2014 and quash the same as illegal and unjust in so for as it is against the petitioner and in consequence direct the 2nd respondent to deposit 7 5%o of the dues as assessed through order dated 3.4.2014 u/s 7 A of the Act and pass such other order or orders as this Hon'ble Court deems just and necessary in the circurnstances of the case. " 3.
Learned counsel appearing on behalf of respondents brings on record the proceeding, dated 20.11.2014 passed in ATA.No.477(1) ot 201,4 on the file of Employees provident Fund Appellate Tribunal, New Delhi and submits that the appeal itself had been disposed finally on 20.11.2014 and therefore, the present writ petition seeking the present relief has become infructuous.
4.
Learned counsel appearing on behalf of the petitioner submits that the petitioner may be permitted to amend the
n prayer. This Court opines that the petitioner is at liberty to file a fresh Writ Petition challenging the final order, dated 21.ll.2Ol4 passed in ATA.No.477(1) of 2Ot4 duly explaining the reasons for the delay in approaching the Court against the final order, dated 20.1L20t4 passed in ATA.No.477(L) of 20t4.
5.
With these observations, this Writ petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed.
SD/- P.PADMANABHA REDDY ASSISTANTSE9ISTRAR \/'
SECTION OFFICER //TRUE COPY// To
1. The Registrar, Employees Provident Fund Appellate Tribunal, 4th Floor, Core-2, SCOPE Minar, Lakshminagar, Delhi-1 10 092.
2. M/s Rangaraya Construction Ltd., 7th Floor, Raghavaratna Towers, Chirag Ali Lane, Abids, Hyderabad.
3. One CC to Sri R.N.Reddy, Advocate [OPUC]
4. One CC to M/s K.Udaya Sri, Advocate [OPUC]
5. Two CD Copies SA GJ -'}.-
HIGH COURT DATED:1211212023 t{e T S Ar€ '( q oo a* P o 1 1 J[rll 202t 1) * t c P c
ORDER
WP.No.22982 of 2014 DISPOSING OF THE W.P WITHOUT COSTS N ,k