IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE (SHOW CAUSE NOTICE BEFORE ADMISSION)

TUESDAY, THE TWELFTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY THREE

:PRESENT: THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 23777 OF 2023

Between:

• 1. The Samagra Shiksha, rep by its Project Director, ZP High School, Near Raithu Bazar, Patamata, Vijavawada.
• 2. The District Collector and Chairman, SamagraShiksha, Kakinada District, Kakinada- 533001.
• 3. The Additional Project Coordinator, SamagraShiksha, Kakinada, /The Regional Joint Director EDUCATION, Kakinada.

Petitioners

AND

• 1. The Director Employees State Insurance Coorporation, Regional Office, ESI Corporation, Panchdeep Bhawan, ESIC Road, Gunadala, Vijayawada-520004.
• 2. The Recovery Officer, office of the Recovery Officer, Regional Office (RO-AP), ESI Corporation, Panchdeep Bhawan, ESIC Road, Gunadala, Vijayawada- 520004
• 3. The Branch Manager, Union Bank of India, Suryaraopet Branch, Kakinada, Kakinada District.
• 4. The Project Director, VIKASA, Bennet Club, Collectorate, Kakinada- 533001.
• 5. The Indian Securuty Force, Chukkapalli Chambar, Nirmala Convent Road, Vijayawada.
• 6. The Director, APCOS, NTR Administrative Block, 2nd Floor, Vijayawada-520013

Respondents

WHEREAS the Petitioner above named through his/her Advocate GP FOR EDUCATION (AP) presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly a writ of Mandamus declaring the action respondent no. 1 and 2 in issuing Proceedings vide Rc.No. AP/RO/VJA/MEC/ 62000375140001302, dated 28.8.2023 for recovery of Rs.7,62,94,046 (Rupees Seven Crore Sixty-two Lakh

ninety-four thousand and forty-six only) and further addressed a letter to the 3rd respondent vide Lr.no. AP/RO/ VJA/ RRO/Q/62000375140001302 dated 28.08.2023 for transfer of Rs. 7,62,94,046 (Rupees Seven Crores Sixty-two Lakh ninety-four Thousand and forty-six only) is nothing but illegal, arbitrary unconstitutional and contrary to law and violation of principles of natural justice and consequently direct the respondent no.2 not to proceed with the recovery vide proceedings Rc.No. AP/RO/VJA/MEC/ 62000375140001302, dated 28.8.2023 for recovery of Rs.7,62,94,046 (Rupees Seven Crore Sixty-two Lakh ninety-four thousand and fortysix only) and not to attach or freeze the bank accounts attached to the offices of petitioner no.1 to 3 under the guise of recovery in the interest of justice

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri GP For EDUCATION (AP) Advocate for the Petitioners, V. Ch. Naidu, Standing counsel for ESI Corporation Advocate for Respondent Nos 1 & 2, V. DyuMani, Standing counsel for Union Bank of India Advocate for Respondent No.3 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted

You viz:

• 1. The Director Employees State Insurance Coorporation, Regional Office, ESI Corporation, Panchdeep Bhawan, ESIC Road, Gunadala, Vijayawada-520004.
• 2. The Recovery Officer, office of the Recovery Officer, Regional Office (RO-AP), ESI Corporation, Panchdeep Bhawan, ESIC Road, Gunadala, Vijayawada- 520004
• 3. The Branch Manager, Union Bank of India, Suryaraopet Branch, Kakinada, Kakinada District.
• 4. The Project Director, Vikasa, Bennet Club, Collectorate, Kakinada- 533001.
• 5. The Indian Securuty Force, Chukkapalli Chambar, Nirmala Convent Road, Vijayawada.
• 6. The Director, APCOS, NTR Administrative Block, 2nd Floor, Vijayawada-520013.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 26.09.2023, on which date the case stands posted for hearing.

The Court made the following: ORDER "Notice before admission.

Sri V.Ch.Naidu, learned standing counsel for Employees State Insurance Corporation, takes notice on behalf of respondent Nos.1 and 2.

Smt.V.Dyumani, learned standing counsel for Union Bank of India, takes notice on behalf of respondent No.3.

Learned counsel for the petitioners is permitted to take out personal notice on respondent Nos.3 to 6 by registered post with acknowledgment due and file proof of service in the Registry. Sd/- M. PADMALATHA

ASSISTANT REGISTRAR

SECTION OFFICER

Post on 26.09.2023 in the Motion List."

ITRUE COPYII

To,

• 1. The Director Employees State Insurance Coorporation, Regional Office, ESI Corporation, Panchdeep Bhawan, ESIC Road, Gunadala, Vijayawada-520004.
• 2. The Recovery Officer, office of the Recovery Officer, Regional Office (RO-AP), ESI Corporation, Panchdeep Bhawan, ESIC Road, Gunadala, Vijayawada-520004
• 3. The Branch Manager, Union Bank of India, Suryaraopet Branch, Kakinada, Kakinada District.
• 4. The Project Director, VIKASA, Bennet Club, Collectorate, Kakinada- 533001.
• 5. The Indian Securuty Force, Chukkapalli Chambar, Nirmala Convent Road, Vijayawada.
• 6. The Director, APCOS, NTR Administrative Block, 2nd Floor, Vijayawada-520013. (Respondent No. 1 to 6 by RPAD)
• 7. Two CCs to GP FOR EDUCATION (AP), High Court of Andhra Pradesh [OUT]
• 8. One CC to V. Ch. Naidu, Standing counsel [OPUC]
• 9. One CC to V. DyuMani, Standing counsel [OPUC]
• 10. One spare copy

HIGH COURT

RC, J

$\sim$

DATED:12/09/2023

POST ON 26.09.2023

NOTICE BEFORE ADMISSION

WP.No.23777 of 2023