Union Of India v. Sri P. Subramanyam

THE HON' BLE SRI JUSTICE C. V. NAGARJUNA REDDY AND THE HON' BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION Nos. 21798, 23053, 23063, 23064 and 23895 of 2011 Date: 12th July, 2018 Between:

Union of India Rep. by Supdt. of Post Offices, Hindupur, Anantapur District; and another ... Petitioners And Sri P. Subramanyam, S/o P. Ramakrishna, and 4 others ... Respondents COUNSEL FOR PETITIONER :

None appeared COUNSEL FOR RESPONDENTS :

Mr. Karanam Ramesh for R1 to R3 AGP for Civil Supplies for R4 and R5 THE COURT MADE THE FOLLOWING:

COMMON ORDER: (per the Hon' ble Sri Justice C.V. Nagarjuna Reddy) These Writ Petitions are filed against the common Order dated 18.04.2011 whereby respondent No.4-A.P.State Consumer Disputes Redressal Commission has disposed of the batch of first appeals against the order of the District Consumer Forum, Anantapur. Feeling aggrieved by the said order, the appellants therein have filed these Writ Petitions. In the common counter affidavit filed by private respondents in each of these Writ Petitions, submitted that the petitioners have an effective alternative remedy of revision under Section 21 (wrongly referred to as Section 19) of the Consumer Protection Act, 1986; and that the petitioners have not indicated any reasons for bypassing the said remedy. At the hearing, there is no representation for the petitioners. In A.P. Co-operative Housing Societies Federation Ltd. v. A.P. State Consumer Disputes Redressal Commission and Ors1, a Division Bench of this Court held that the remedy of revision under Section 21 of the Act is an effective alternative remedy.

In the light of the ratio laid down in the aforementioned judgment, we are not inclined to adjudicate these Writ Petitions on merits. The Writ Petitions are accordingly dismissed, however, with liberty to the petitioners to avail the above noted remedy, if they are so advised. 1 2015 (5) ALD 695 (D.B.)

As a sequel to the dismissal of the Writ Petitions, interim order dated 02.08.2011 in W.P.M.P.No.26545 of 2011 in W.P.No.21798 of 2011; interim order dated 16.08.2011 in W.P.M.P.No.28200 of 2011 in W.P.No.23053 of 2011;

interim order dated 16.08.2011 in W.P.M.P.No.28210 of 2011 in W.P.No.23063 of 2011; interim order dated 16.08.2011 in W.P.M.P.No.28214 of 2011 in W.P.No.23064 of 2011; interim order dated 12.09.2011 in W.P.M.P.No.29293 of 2011 in W.P.No.23895 of 2011, shall stand vacated; and the said W.P.M.Ps. shall stand dismissed.

__________________________ C.V. NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 12th July, 2018 ksm

THE HON' BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON' BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION Nos. 21798, 23053, 23063, 23064 and 23895 of 2011 12th July, 2018 ksm