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High Court for State of TelanganaWP/18416/2015disposed of no costs

Sai Krishna Super Speciality Neuro Hospital Pvt.Limited v. The State Of Telangana

2015-11-26R.Subhash Reddy,A.Shankar Narayana5 pages

(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY , THE TWENTY SECOND DAY OF JUNE, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HONOURABLE SRI JUSTICE R. SUBHASH REDDY AND THE HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA W.P.No. 18416 of 2015 Between:- 1.Sai Krishna Super Speciality Neuro Hospital Pvt. Limited, Hyderabad, D.No. 3-4-1, Station Road, Kacheguda, Hyderabad, Rep. by its Authorized Signatory, M. Jagadish Chandra S/o. B. Manik Chandra, Medical Superintendent.

2.Dr. T.V. Srinivas S/o. Varada Charu, Neuro Surgeon, Consultant Surgeon, Sai Krishna Super Speciality Hospital, 3-4-1, Station Road, Kacheguda, Hyderabad.

PETITIONERS AND 1.The State of Telangana, represented by its Secretary, Department Of Consumer Affairs, Food & Civil Supplies, Telangana Secretariat, 2.The Telangana State, Consumer Disputes Redressal Commission, Eruvaka Building, Khairatabad, represented by its Registrar. 3.The District Consumer Disputes Redressal Forum-III, 5th Floor, Chandra Vihar, Represented by its Secretary. 4.S. Narayana S/o. G. Guruvulu, Occ : Employee in Judiciary, .....RESPONDENTS WHEREAS the Petitioner above named through his Advocate SRI K.

VENKATESH GUPTA, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in proceeding with E.A.No. 16 of 2015 in C.C.No. 235 of 2011 in spite of the appeal in F.A.No. 64 of 2015 is filed and pending for hearing and disposal on the file of the 2nd Respondent, as illegal, arbitrary, unjust and contrary to the provisions contained under S.24 of the Consumer Protection At, 1986 and has the effect of violation of the fundamental rights guaranteed to the petitioners u/a 14 and 2 of the Constitution of India and consequently stay all the further proceedings in E.A.No.

16 of 2015 till the appeal in FA No.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI K. VENKATESH GUPTA, Advocate for the Petitioners and the Govt. Pleader for Civil Supplies(TG) on behalf of respondent No. 1, directed issue of notice to the Respondents herein to show cause as to why this writ petition

should not be admitted in the circumstances set out in the petition and the affidavit filed in the Writ Petition;

You viz ;

1.The Secretary, Department of Consumer Affairs, State of Telangana, Food & Civil Supplies, Telangana Secretariat, Hyderabad. 2.The Registrar, Telangana State, Consumer Disputes Redressal Commission, Eruvaka Building, Khairatabad.

Contd..2...

- 2 - 3.The Secretary, District Consumer Disputes Redressal Forum-III, 5th Floor, Chandra Vihar, Hyderabad.

4.S. Narayana S/o. G. Guruvulu, Occ : Employee in Judiciary, are directed to show cause 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.

THE COURT MADE THE FOLLOWING ORDER :- "Notice before admission.

It is represented that against the order, dated 20.03.2015, passed in C.C.No. 235 of 2011 by the District Consumer Disputes Redressal Forum -III, Hyderabad, petitioners have already preferred an appeal along with an I.A. before the State Consumer Disputes Redressal Commission on 23.04.2015, but for want of quorum, such appeal and I.A. are not taken up for consideration.

In that view of the matter, pending further orders, there shall be interim stay as prayed for.

Post after for (4) weeks."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Secretary, Department of Consumer Affairs, State of Telangana, Food & Civil Supplies, Telangana Secretariat, Hyderabad. 2.The Registrar, Telangana State, Consumer Disputes Redressal Commission, Eruvaka Building, Khairatabad.

3.The Secretary, District Consumer Disputes Redressal Forum-III, 5th Floor, Chandra Vihar, Hyderabad.

4.S. Narayana S/o. G. Guruvulu, Occ : Employee in Judiciary,

(Addressee Nos. 1 to 4 by RPAD along with a copy of Petition & Affidavit) 5.Two CCs to the G.P. for Civil Supplies(TG), High Court at Hyd(OUT) 6.One CC To Sri K. Venkatesh Gupta, Advocate(OPUC) 7.Two spare copies.

TKK HIGH COURT RSR.J & ASN.J

NOTICE BEFORE ADMISSION W.P.No. 18416 of 2015 INTERIM STAY DRAFTED BY TKK HIGH COURT RSR.J & ASN.J

NOTICE BEFORE ADMISSION W.P.No. 18416 of 2015 INTERIM STAY