IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 18437 of 2008 BETWEEN: 1 The Secretary,Board of Intermediate Education of AP Vidhya Bhavan, Nampally, Hyderabad-500001 2 The Controller Examinations, Board of Intermediate Education of AP., Vidhya Bhavan, Nampally,Hyderabad-1 3 The Principal , Government Junior College, Vadamalpet Chittoor District. ... PETITIONERS AND 1 Sri Tirumala Sivakumar, S/o.Late Sri Chengaiah Smt.Mohanamma(2nd respondent) 2 Smt.Tirumala Mohanamm W/o.Late Sri Chengaiah Both R/o.S.V.Puram village Vadamalpet, Post and Mandal, Chittoor District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the order in FA.No.203 of 2008 dated 12.2.2008 passed by the AP State Consumer Disputes Redressal Forum, Hyderabad as arbitrary, illegal, unjust and unsustainable and pass such other order or orders. Counsel for the Petitioners: KUM.C.SINDHU KUMARI Counsel for the Respondents: MR. N.M. KRISHNAIAH The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Petitioners question the order of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad in F.A.No.203 of 2008 dated 12.02.2008. The said FA was filed by the petitioners herein against the order of the District Consumer Disputes Redressal Forum, Chittoor dated 06.08.2007 passed in C.C.No.5 of 2007 directing the petitioners herein to pay a sum of Rs.5,000/- towards compensation. The aforesaid CC was filed by the respondents herein for payment of Rs.50,000/- towards compensation for loss of career and for payment of Rs.50,000/- towards compensation for mental agony. The District Consumer Forum by the aforesaid order dated 06.08.2007 awarded compensation of Rs.5,000/- for mental agony alone and no amount was awarded towards loss of one academic year. Aggrieved by the said order of the District Forum, the respondents herein filed F.A.No.1507 of 2007 and the petitioners herein filed F.A.No.203 of 2008 and there was some delay in representation. 2. Learned counsel for the petitioners submits that, in fact, a request has been made before the State Forum to post F.A.No.203 of 2008 along with connected F.A.No.1507 of 2007 filed by the respondents but the State Forum dismissed the appeal in F.A.No.203 of 2008 confirming the award of compensation of Rs.5,000/- at the admission stage. She further submits that F.A.No.1507 of 2007 is posted for hearing on 25.03.2009. 3. Both the counsel appearing for the respective parties submit that the impugned order may set aside and the matter be remitted back to the State Forum, to be heard and disposed of along with F.A.No.1507 of 2007. 4. Having regard to the facts and circumstances of the case and without expressing any opinion with regard to the merits of the case and the rival contentions, We set aside the order in F.A.No.203 of 2008 and the matter is remitted back to the Andhra Pradesh Consumer Disputes Redressal Commission, Hyderabad to be heard and disposed of along with F.A.No.1507 of 2007. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J January 28, 2009 DSK