The Chennai Tourist Car Operators Association, Rep.By Its v. The State Of Ap., Rep.By Its Secretary, Transport

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 27433 OF 2007 19.11.2015 Between:

The Chennai Tourist Car Operators Association, Rep. by its Secretary, Chennai.

... Petitioner And The State of A.P., Rep. by its Secretary, Transport Department, Secretariat, Hyderabad, and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 27433 OF 2007

ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the petitioner and learned Government Pleader for Transport for the respondents.

The petitioner-association, in the instant writ petition, has made the following prayer:

"It is therefore prayed that this Hon'ble court may be pleased to issue writ or writs or direction/s more particularly in the nature of writ of Mandamus by declaring G.O.Ms.No.140, T, R & B (Tr.II) dt 12.08.2002 and as modified vide G.O.Ms.No.95, Tr. & B (Tr.II) dt 23.6.03, in so far as collection of tax for maxi cabs at Rs.220/- per seat for 7 days is concerned, as illegal, arbitrary, unconstitutional and violative of Articles 14 & 19(1)(g) of the Constitution of India."

The respondents have filed counter affidavit and in paragraph 6 thereof, they have categorically stated that G.O.Ms.No.140 dated 12.08.2002 and G.O.Ms.No.95 dated 23.06.2003 have no application to the vehicles plying from contiguous State. In other words, they have stated that G.O.Ms.Nos.140 and 95 challenged in the writ petition have no relevance or application to the facts of the present case. In view thereof, learned counsel for the petitioner does not press this writ petition and seeks liberty to the members of the association or the association to take appropriate remedy if the circumstances so demand. Writ Petition is disposed of as not pressed with liberty as prayed. Consequently, miscellaneous petitions, if any, also stand disposed of. There shall be no order as to costs.

_________________________ DILIP B. BHOSALE, ACJ

________________________ S.V. BHATT, J 19.11.2015 va