Telangana High Court
WA/2123/2004 of K. Pydichatti Naidu (Sic. Pydithalli Naidu), Vs The A.P.S.R.T.C on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2123 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI DEVINDER GUPTA,
CHIEF JUSTICE
and HON'BLE SRI JUSTICE M.NARAYANA REDDY
WRIT APPEAL NO : 2123 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated02/12/2004 in WP NO : 6470 OF 1999 on the file of the High Court.)
Between:
K. Pydichatti Naidu (Sic. Pydithalli Naidu), S/o Late Appalaswamy,Vizianagaram District.
..... APPELLANT
AND
1 The A.P.S.R.T.C., rep. by its Vice Chairman & Managing Director, Musheerabad, Hyderabad. 2 The State Transport Appellate Tribunal, A.P. Hyderabad by its Presiding Officer, Manoranjan Complex, near Ajantha Gate, Mojamzahi Road, Hyderabad.3 The Regional Transport Authority, Vizianagaram, rep. by its Secretary.
.....RESPONDENTS
Counsel for the Appellant : MR.T.VENKATA RAMANA
Counsel for the Respondent No.1: MR.K.SRINIVASA RAO (SC FORAPSRTC).Counsel for the respondent Nos. 2 & 3: G.P. FOR TRANSPORT.
The Court made the following :
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ORAL JUDGMENT:
( per Hon’ble The Chief Justice )
…..
1. The mere fact that appeal has been preferred to Supreme Court against thejudgment of the Full Bench, the fact remains that the said judgment is notsuspended. Case admittedly is covered by the decision of the Full Bench ofthis Court in Divisional Manager, APSRTC Vs. State Transport Appellate Tribunal, A.P., Hyderabad and others ( 2001 (6) ALD 408 ). There isoverlapping to an extent of 7.9 km. Whatever may be the extent ofoverlapping, as per the decision of the Full Bench, it amounts to overlappingand in that view of the matter, the order of 2[nd] respondent herein inRP.No.34/98 dated 24.07.1998 is not sustainable and the order of 3[rd]respondent herein in the resolution dated 16.10.1995 granting stage carriagepermit in favour of the appellant herein for the mofusil route is bad.
2. Writ appeal fails and is dismissed. No costs.
____________________
DEVINDER GUPTA. C.J.,
_____________________M. NARAYANA REDDY. J., Dated: 30.12.2004.
VRK.Note:Furnish cc tomorrow.
(BO)
To
1 The Vice Chairman & Managing Director, APSRTC., Musheerabad, Hyderabad.
2 The Presiding Officer State Transport Appellate Tribunal, A.P. Hyderabad. Manoranjan Complex, near Ajantha Gate, Mojamzahi Road, Hyderabad.
3 The Regional Transport Authority, Vizianagaram, rep. by its Secretary.
4. Two CCs to G.P., for Transport, High Court Buildings, Hyderabad (OUT).
5. Two CD copies.
HON’BLE SRI DEVINDER GUPTA,
CHIEF JUSTICE
AND
HON’BLE SRI JUSTICE M. NARAYANA REDDY.
W.A.NO. 2123 OF 2004.
( Judgment of the Bench delivered byHon’ble The Chief Justice )
Dt: 30.12.2004.