Kanta Kantha Rao v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.3531 of 2018 ORAL ORDER: (Per Suresh Kumar Kait, J) This writ petition is filed with the prayer which reads as under: "... to issue a Writ, order or direction one in the nature of Writ of Certiorari, calling for the records relating to the order dated 23.01.2018 passed by the District Consumer Disputes Redressal Forum, Kurnool in PP No.7/2013in C.C.No.42/2011 and quash the same..."

We have heard learned counsel for the parties. In para-13 of the order dated 23.01.2018, the District Forum advised the petitioner to file appeal before the State Commission. Moreover, in Nivedita Sharma v. Cellular Operators Assn. of India & others1, the Apex Court has held that where hierarchy of appeals is provided by the statute, party must exhaust the statutory remedies before resorting to writ jurisdiction for relief.

In that view of the matter, the present writ petition cannot be entertained and the same is accordingly dismissed. No order as to costs. Miscellaneous petitions if any pending in the writ petition shall stand closed.

________________________ SURESH KUMAR KAIT, J _______________________________ ABHINAND KUMAR SHAVILI, J February 06, 2018 MRR Note: Registry shall return certified copy of the order passed by the District Forum, by placing a photocopy of the same on record.

B.O.

1 (2011) 14 SCC 337