T.Zubin David, v. Telangana State Consumer
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL Date:02.12.2016 Between:
T.Zubin David, S/o T.K.David and another.
..... Petitioners And:
Telangana State Consumer Disputes Redressal Commisino, Hyderabad and two others.
....Respondents Counsel for the petitioner: Mr. C.M.R.Velu Counsel for respondent No.1: AGP for Civil Supplies (TS) The Court made the following:
CVNR, J & MSKJ, J Dt:02.12.2016 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed with the grievance that respondent No.1-Commission is not taking up EA.No.64 of 2014 in C.C.No.76 of 2013 on priority basis for execution of order, dated 15.9.2014, in C.C.No.76 of 2013.
On the petitioners' own showing, a Division Bench of this Court has disposed of Writ Petition No.25373 of 2015 by order, dated 12.8.2015, with the observation that as and when the Presiding Officer of respondent No.1-Commission is appointed, the afore-mentioned E.A. may be taken up on priority basis. The Division Bench also granted liberty to the petitioners to move appropriate application before respondent No.1 to take up the proceedings as early as possible.
At the hearing, Mr. C.M.R.Velu, learned counsel for the petitioners, has admitted that his clients have not made any such application before respondent No.1-Commission, as directed to be filed by the Division Bench in the afore-mentioned order. In our opinion, the petitioners ought to have impressed upon respondent No.1-Commission to take up the matter as per the Division Bench judgment before availing a further remedy such as the present Writ Petition.
As this procedure is not followed by the petitioners, we do not find any reason to entertain this Writ Petition at this stage.
CVNR, J & MSKJ, J Dt:02.12.2016 Accordingly, the Writ Petition is dismissed, however, with liberty to the petitioners to file an application before respondent No.1 as observed by the Division Bench by order, dated 12.8.2015, in Writ Petition No.25373 of 2015. As a sequel to dismissal of the Writ Petition, WPMP.No.51694 of 2016 filed by the petitioners for interim relief shall stand dismissed as infructuous.
____________________________ JUSTICE C.V.NAGARJUNA REDDY ____________________ JUSTICE M.S.K.JAISWAL 02nd December 2016 DR