M/S. Pragati Green Meadows And Resorts Ltd v. M. Karthik Reddy

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD Writ Petition No.42720 of 2018 Date: 27.11.2018 Between:

M/s Pragati Green Meadows & Resorts Ltd., rep. by its Chairman G.Bala Koteswara Rao Office at Plot No.1355A, 3rd floor, Road No.45, above HDFC Bank, Jubilee Hills, Hyderabad-33 and three others.

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Petitioners And M.Karthik Reddy, S/o Devender Reddy, R/o.#2-2-18/46, B-21, Mithila Enclave, 204, D.D. Colony, Bagh Amberpet, Hyderabad, rep. by his father & GPA holder M.Devender Reddy, S/o.Late M.Papi Reddy, Retd. Government Employee, R/o.#2-2-18/46, B-21, Mithila Enclave, 204, D.D. Colony, Bagh Amberpet, Hyderabad, and another.

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Respondents Counsel for the Petitioners: Mr. B.Siva Kesava Reddy Counsel for respondent No.2:

GP for Civil Supplies (TS) The Court made the following:

CVNR, J & TA, J WP.No.42720 of 2018 Dated:27.11.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Mandamus to set aside order, dated 25.09.2018, whereby respondent No.2 has dismissed F.A.No.38 of 2015 for non-prosecution.

2.

At the hearing, Mr.B.Siva Kesava Reddy, the learned counsel for the petitioners, has not disputed that against the impugned order, his clients have a remedy of Revision to the National Consumer Disputes Redressal Commission under Section 21(b) of the Consumer Protection Act, 1986, which was held to be an effective alternative remedy. (See A.P. Co-Op. Housing Societies Federation Ltd., Hyderabad Vs. A.P. State Consumer Disputes Redressal Commission, Hyderabad and others1).

3.

In the light of the above, we are not inclined to entertain this writ petition for adjudication on merits. Accordingly, without expressing our opinion on the legality or otherwise of the impugned order, the writ petition is dismissed with liberty to the petitioners as observed hereinbefore.

4.

As a sequel to dismissal of the writ petition, I.A.No.1 of 2018 is dismissed as infructous.

_________________________ C.V.NAGARJUNA REDDY, J _____________________ T.AMARNATH GOUD, J Date: 27th November, 2018 msb 1 2015 (5) ALD 695 (DB)

CVNR, J & TA, J WP.No.42720 of 2018 Dated:27.11.2018