IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 25582 of 2003 Between: 1. The Secretary, APSRTC, Staff Retirement Benefit Scheme, RTC X Roads, Hyderabad. 2. The Works Manager, Zonal Workshop, APSRTC, Vizianagaram 3. The Deputy Chief Accounts Officer, Zonal Workshop, APSRTC, Vizinagaram. 4. The Personnel Officer, Zonal Workshop, APSRTC, Vizianagaram ..... PETITIONERS AND 1. G. John S/o Appayya, Mechanic Staff No. 98469. Zonal Workshop, Vizianagaram. 2. V. Somulu S/o Asirayya, Helper in APSRTC., Staff No. 95198, Zonal Workshop, Vizianagaram. 3. B.N.K. T. Raju S/o B.S. Mohan Raju, Khalasi, Staff No. 98406, Zonal Workshop, Vizianagaram. 4. V. Shankar Rao S/o Lakshmana Rao, Painter, Staff No.102293, Zonal Workshop, Vizianagaram. 5. K. Nageswara Rao Mechanic, Staff No. 96383, Zonal Workshop, Vizianagaram. 6. K. S.N. Murthy S/o L. Appalaswamy Staff No. 98534, D.M Office, Vizianagaram Depot, Visakhapatnam. 7. G. Ramanamma, Sweeper, Staff No. 454831, Deputy Chief Personal Manager Office, Vizianagaram. 8. The District Consumer Forum Vizianagram. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed therein the High Court will be pleased to call for the records pertaining to CD No. 58/2003 on the file of the District Consumer Forum, Vizianagaram and quash the proceedings including the orders in I.A.No.80/2003 dated 25- 08-2003 as without jurisdiction by issuing appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari. Counsel for the Petitioner: MR.P.VINAYAKA SWAMY Counsel for the Respondents 1 to 7: MR.P.VARA PRASAD RAO Counsel for the Respondent No.8. The Court made the following: ORDER: The Andhra Pradesh State Road Transport Corporation questions the interim order dated 25-08-2003 passed in I.A.No.80 of 2003 in C.D.No.58 of 2003 on the file of the District Consumer Forum, Vizianagaram. On a consumer dispute raised by the respondents 1 to 7 herein, the 8th respondent while issuing the show cause notice directed not to effect the recovery of the instalments as per the revised amounts from the salary of the petitioners. The petitioners without filing any counter before the District Consumer Forum, straight away filed this writ petition under Article 226 of the Constitution of India contending that the District Consumer Forum passed the said order without having any jurisdiction. Admittedly, an appeal is provided against the order of the District Forum, before the State Commission, under Section 17 of the Consumer Protection Act, 1986. So, the petitioners have two alternative remedies; one is to file counter and vacate petition and another is to file appeal against the said order. Without availing the said remedies the petitioners filed the present writ petition. Therefore, I am of the view that the writ petition filed by the petitioners is not maintainable. Accordingly, the writ petition is dismissed. No order as to costs. ____________ 04-08-2004 Glv/sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER Copies to 1. The Chairman, The District Consumer Forum Vizianagram. 2. Two C.D copies.