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2021 Supreme(Telangana) 80

HIMA KOHLI, B.VIJAYSEN REDDY
V. V. L. Sujatha – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary to Govt. , Consumer Affairs, Food & Civil Supplied Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Chakaragalla Gopal and Mr. J. Venkataram Narasimha Reddy
For the Respondent: Mr. Mamilla Ashwin Reddy

ORDER :

B.Vijaysen Reddy, J.

This writ petition has been filed to declare the action of the State Consumer Redressal Commission, Hyderabad (State Commission) in entertaining F.A.No.144 of 2021 and passing an order dated 25.03.2021 on the interim application (F.A.I.A.No.295 of 2021) moved in F.A.No.144 of 2021, thereby staying the conviction order passed against the respondent No.4/Developer by the District Consumer Redressal Commission, Hyderabad III (District Forum) in EA.No.38 of 2013 dated 09.03.2021 as illegal, arbitrary and unconstitutional and consequently to direct the District Forum to enforce the order passed in E.A.No.38 of 2013 dated 09.03.2021, in accordance with law.

2. The brief facts of the case are as under:-

    (a) The petitioner is the owner of property admeasuring 876 sq. yards bearing Municipal No.5-8-29, situated at Fathe Sultan Lane, Nampally, Hyderabad (hereinafter referred to as ‘schedule property’). The petitioner and the respondent No.4/Developer entered into a Development Agreement dated 01.06.2003 for redeveloping the aforesaid property and building flats thereon. The parties had agreed that the petitioner shall receive a share of 45% and the respondent No.4/De

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