Telangana High Court
WP/23327/2004 of APSRTC, Rep. by its Managing Director, Vs Secretary State Transport Authority, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23327 of 2004 Between: APSRTC, Rep. by its Managing Director, Musheerabad, Hyderabad.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23327 of 2004
Between:
APSRTC, Rep. by its Managing Director,
Musheerabad, Hyderabad.
AND
..... PETITIONER
1. Secretary, State Transport Authority, A.P. Hyderabad, rep. by its Secretary, B.R.K.R. Buildings, Tank Bund, Hyderabad.
2. M/s. Kanker Roadways, Raipur, Chhattisgarh.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue an appropriate writ, order or direction, especially in the nature of Writ ofcertiorari calling for the records relating to the impugned order R.No.11927/B1/2004, dt. 2.12.2004 on the file of the Secretary State Transport authority,A.P., Hyderabad in granting temporary counter signature in favour of 2nd respondenton the Inter-State route Bailadilla to Hyderabad and quash the same as being hit bythe provisions of Section 68(3) (ca) and 104 of M.V. Act, 1988 and pass such other order and further orders to meet the ends of justice.
Counsel for the Petitioner: MR.KALLAKURI SRINIVASARAO
Counsel for the Respondent No.1: GP FOR TRANSPORT
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ORDER:
Challenging the impugned order R.No.11927/B1/2004 dated 02.12.2004 passed bythe Secretary, State Transport Authority, the present writ petition is filed.
2. Notice has been taken to the second respondent. The only grievance of thelearned counsel for the petitioner is that the stage carriage permit granted in favourof second respondent expires by 31.12.2004 and the impugned proceedings havebeen passed without notice to the writ petitioner. Therefore, in case the stagecarriage permit for the vehicle of the second respondent is going to be considered byissuing a fresh permit, an opportunity may be given to him so as to put forward thegrievance.
3. Learned Government Pleader for Transport contended that the case of the writpetitioner has to be considered in accordance with the provisions of Motor VehiclesAct and the Rules made thereunder. Since the permit granted in favour of thesecond respondent is going to be expired by 31.12.2004 and in case temporarypermit is going to be considered by the first respondent in accordance with law andbefore taking any decision on the application of the second respondent for grant oftemporary stage carriage permit, an opportunity should be given to the writ petitionerto put forward his case since this order will not effect the rights of the secondrespondent.
4. The writ petition is disposed of directing the first respondent to give a reasonableopportunity to the petitioner before granting any permit to the second respondent.
Date: 28[th] December 2004.
____________
K.C.BHANU,J
Issue wire at party’s costs.
//B.O.//
BSB
ASSISTANT REGISTRAR
// TRUE COPY //
To
SECTION OFFICER
1. The Managing Director, APSRTC, Musheerabad, Hyderabad.
2. The Secretary, State Transport Authority,A.P. Hyderabad, B.R.K.R. Buildings,Tank Bund, Hyderabad. 3. Two CCs to the Government Pleader for Transport, High Court of A.P.,Hyderabad (OUT).
4. Two CD copies