IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 9015 OF 2025 Between: 1. M/s Lahari Constructions rep it's Managing Partner, Bhimireddy Pratap Reddy, S/o Venkata Reddy, aged 43 years, R/o D. No. 6-85, Namburu Village, Pedakakani Mandal, Guntur District. 2. Bhimireddy Pratap Reddy, S/o Venkata Reddy, aged 43 years, R/o D. No. 6-85, Namburu Village Pedakakani Mandal, Guntur District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep by it's Principal Secretary Consumer Affairs, Food and Civil Supplies Department, Secretariat, Amaravathi, Guntur District. 2. The State Consumer Disputes Redressal Commission, Rep by it's Registrar, Vijayawada. 3. The District Consumer Disputes Redressal Commission, Rep by it's Registrar, Guntur. 4. Voggu Venugopal, S/o Devaiah, aged 51 years, Ex-Servicemen, R/o D. No. 3-5-12/1,27th Ward, Kamisettyvari Street, Repalle, Bapatia District. 5. Byreddy Chalama Reddy, S/o Krishna Reddy, aged 41 years. Managing Partner Lahari Constructions, R/o D. No. 4-5-29/7A, 4th Lane, Vidyanagar, Guntur, Guntur District. 6. Padarthi Pavan Kumar, R/o Flat No. 101, Lakshmi Nivas, Block No. 7- 17, 6th Lane, Srinagar Colony, Guntur, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, an order or a direction more particularly in the nature of Writ of Mandamus declaring the action of the 1st respondent in not taking steps to appoint the President and the Members in the 2nd Respondent-State Commission for smooth disposal of the appeals and complaints and further action of the 3rd respondent in proceeding to adjudicate the application filed by the 4th Respondent/Complaina nt by way of E.A. No. 44/2023 for implementation of the order dated 02.03.2023 passed in C.C. No. 281/2019 even though the First Appeal No. 262/2023 filed by the Petitioners against the order dated 02.03.2023 passed in C.C; No. 281/2019 by the 3rd respondent-District Consumer Disputes Redressal Commission is pending adjudication as illegal, arbitrary, capricious, violation of principles of natural justice, contrary to the Consumer Protection Act 1986 (as amended by the Act 35 of 2019) and contrary to the fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and consequently direct the 1st respondent to take steps with respect to appointment of President and Members in the State Commission. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent not to take any coercive steps against the Petitioners pursuant to the order dated 02.03.2023 passed in C.C. No. 281/2019, pending disposal of the above writ petition. Counsel for the Petitioners: SRI PENUMAKA VENKATA RAO Counsel for the Respondent Nos. 1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos. 4 to 6: — The Court made the following: ORDER 1 Bench Sr.No:-2 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010174382025 WRIT PETITION NO: 9015 of 2025 M/s. Lahari Constructions, represented by its Managing Partner and another. ...Petitioners Vs. ...Respondents The State of Andhra Pradesh and others ★*★****★** Sri Penumaka Venkata Rao Advocate for Petitioners Learned Government Pleader for Civil Supplies Advocate for Respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 17th April 2025 PC : There is an award passed by the District Consumer Disputes Redressal Commission, Guntur (for short petitioners vide C.C.No.281 of 2019 dated 02.03.2023 and the same was challenged in appeal before the A.P. State Consumer Redressal Commission, Vijayawada (for short, “the State Commission”) vide First Appeal No.262 of the District Commission”) against the 2023. The State Commission, by virtue of its order in F.A. 1.A.NO.565 of 2023 in F.A.No.262 of 2023 dated 28.05.2023, ordered that the award passed by the District Commission would be stayed subject to the petitioners herein 2. 2 depositing the entire awarded amount on or before the date specified in the said order. Learned counsel for the petitioners before us urged that the petitioners would be prepared to deposit 50% of the amount so ordered by the State Commission and further prayed that directions be issued for the proper 3. constitution of the State Commission, which did not at present have the appropriate Quorum. It was urged that on account of non-availability of the appellate Quorum, the interests of the petitioners were being prejudiced. We have heard the learned counsel for the petitioners. We are of the opinion that the petitioners did prefer an appeal before the State Commission, which was considered on its merits and an order did come to be passed by the same directing the deposit of the entire awarded amount. We do not wish to interfere with that order by reducing the amount so ordered to be deposited 4. by the petitioners. The entire awarded amount be deposited as ordered within two (2) weeks from today. On deposit of the entire awarded amount, the same be not released in favour of the complainant/respondent No.4 herein till such time as the appeal preferred by the petitioners herein is considered on its merits. 5. Accordingly, the Writ Petition is disposed of. No order as to costs. 6. 3 ■r^l Pending miscellaneous applications, if any, shall stand closed. Sd/- N NAGAWIWA assistant REGISTRAR SECTION OFFICER //TRUE COPY// To The Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Amaravathi, Guntur District. The Registrar, State Consumer Disputes Redressal Commission, Vijayawada. The Registrar, District Consumer Disputes Redressal Commission, Guntur. One CC to Sri Penumaka Venkata Rao Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. TF HIGH COURT DATED:17/04/2025 ORDER WP.No.9015 of 2025 i" 2 MPR 2025 Currant Section. ^S^PATCH^J DISPOSING OF THE W.P., WITHOUT COSTS