K.Premsagar Rao, S/O K. Raghupathi Rao v. The State Of Telangana,

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.26 of 2016 ORDER : (per Hon'ble Sri Justice R.Subhash Reddy) This writ petition is filed by the petitioner seeking Mandamus declaring the action of the 2nd respondent-District Consumer Disputes Redressal Forum-I, Hyderabad, in continuing the proceedings in E.A.No.13 of 2008 in C.C.No.885 of 2006, as arbitrary and illegal.

2. The 3rd respondent herein is the complainant in C.C.No.885 of 2006 on the file of the District Consumer Disputes Redressal Forum-I, Hyderabad (for brevity "the District Forum-I"). The District Forum-I has allowed the said complaint by order dated 30.08.2007, directing the opposite parties therein, who are petitioners herein, with joint and several liability to deliver Flat No.547A, admeasuring 1200 square feet on 6th Floor of Manasarovar Heights, situated in Sy.No.1/4 of Hashmathpet village, Balanagar (M), Ranga Reddy District, on payment of the balance consideration of Rs.80,000/- by the complainant. The District Forum-I has further directed that the opposite parties are also liable to pay rents @ Rs.2,000/- per month from 01.01.2001 to till the date of delivery of vacant possession of the said flat. It is stated that as against the said order, the petitioners carried the matter by way of filing an appeal being F.A.No.1617 of 2007 before the A.P. State Consumer Disputes Redressal Commission, Hyderabad, and the same was dismissed by order dated

22.06.2010.

3. As there was a direction for payment of rents by the opposite parties in C.C.No.885 of 2006, to enforce the said order dated 30.08.2007, the 3rd respondent herein has filed E.A.No.13 of 2008 in C.C.No.885 of 2006.

4. In this writ petition, it is the grievance of the petitioners/ opposite parties that though they have complied with the directions issued by the District Forum-I, Hyderabad, as modified by the appellate authority - State Commission, Hyderabad, the 2nd respondent is continuing the proceedings in E.A.No.13 of 2008.

5.

Heard learned counsel for the petitioners and perused the material available on record.

6. Whether the order dated 30.08.2007 in C.C.No.885 of 2006 passed by the District Forum-I, Hyderabad, is complied with fully in terms of the modified order passed by the State Commission, Hyderabad, is a matter to be considered by the District Forum-I, Hyderabad, and the same cannot be gone into by this Court, at this stage. In any event, as E.A.No.13 of 2008 in C.C.No.885 of 2006 is pending before the District Forum-I, Hyderabad, and in view of the allegations made by the petitioners that they have complied with the order dated 30.08.2007 in C.C.No.885 of 2006 passed by the District Forum, Hyderabad, as modified by the State Commission, Hyderabad, we deem it appropriate to dispose of the writ petition directing the 2nd respondent-District Forum-I, Hyderabad, to dispose of E.A.No.13 of 2008 in C.C.No.885 of 2006 as expeditiously as possible, preferably within a period

of six weeks from the date of receipt of a copy of this order.

7. Subject to the above direction, this writ petition is disposed of, at the admission stage. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A.SHANKAR NARAYANA 05.01.2016.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.26 of 2016

05.01.2016 Msr