HON’BLE THE CHIEF JUSTICE SHRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P. No.697 of 2008 Date: 22-1-2008 Between: Sree Rama Builders, a partnership firm, represented by its Managing Partner, J. Koteswara Rao, Ramanthapur, Uppal, Ranga Reddy District. … Appellant. And The A. P. State Consumer Disputes Redressal Commission, Hyderabad, Represented by its Registrar and another. … Respondents. :JUDGMENT: Per Anil R. Dave, CJ In this petition, the petitioner has challenged the validity of show cause notice in P.P.No.35 of 2007 in C.D.No.58 of 2002 dated 16.8.2007 issued by the 1st respondent-A.P. State Consumer Disputes Redressal Commission, Hyderabad. The learned Advocate appearing for the petitioner has submitted that since the provisions of the Code of Criminal Procedure are applicable to the penalty proceedings provided under Section 27 of the A.P. Consumers Protection Act, 1986 for non-compliance of an order passed by the Commission, the Penalty Petition – P.P.No.35 of 2007 filed by the 2nd respondent-Sree Rama Apartments Welfare Association, Ramanthapur under Section 27 of the Act for alleged non- compliance of an order passed by the 1st respondent-Commission on 30.9.2004 in C.D.No.58 of 2002 itself is not maintainable, as the same is barred by limitation in view of the bar contained in Section 468 of the Code of Criminal Procedure and, therefore, the impugned show cause notice dated 16.8.2007 issued by the Commission is illegal and cannot be sustained. Be that as it may, the petitioner has approached this Court at the stage only when a notice has been issued to it by the Commission on the petition filed by the 2nd respondent initiating penalty proceedings. In view of the said fact, in our opinion, the writ petition is premature and, therefore, we do not want to entertain the same. Needless to say it would be open to the petitioner to raise all the contentions available to it, including the non-maintainability of the petition, while making reply to the show cause notice issued by the Commission. The Writ Petition is, therefore, rejected. ANIL R. DAVE, CJ 22nd January, 2008 GOPALA KRISHNA TAMADA, J vtv