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High Court for State of TelanganaWP/38830/2014dismissed as infructuous

M/S Hyderabad Coach Builders And Fabricators v. Andhra Pradesh State Road Transport Corporation,

2023-08-28Surepalli Nanda4 pages

l32s2l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 38830 OF 2014 Between:

M/s Hyderabad Coach Builders and Fabricators, a proprietary concern,.having its unii at Plot No. 45/A, Phase l, LD.A. Jeedimetla Hyderabad, rep. by its sole proprietor Mr. M. Ramesh son of Sri M. Ramaswamy aged 62 years, R/o Sainikpuri, Secunderabad ...PETITIONER AND Andhra Pradesh State Road Transport Corporation, Hyderabad, rep. by its Vice Chairman and Managing Director Executive Director (Engineering), Andhra Pradesh State Road Transport Corporation, Hyderabad Chief Mechanical Engineer, (Chassis and Bodies) Andhra Pradesh State Road Transport Corporation, Hyderabad ...

RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, preferably a writ in the nature of Mandamus declaring the high handed action of the respondents in unilaterally reducing the basic price of the super luxury bus bodies from the agreed price of Rs.5,74,0001 to Rs.5,29,3461 in respect of work order Nos. 212013-MED dt. 27.5.2014, 2-T|2O13-MED dt. 27.5.2014 and work order No. 212013-MED dated 21-8.2014 by issuing No. TL5/7a(1)12O14 - MED dated 16.7.

contrary to the principles of natural justice and violative of Art. 14 of the Constitution of lndia, and consequently set aside the letter dt. 16.7.2014 by directing the respondents to forthwith refund the recovered amoLrnts from the fetitioner till date in respect of the above said work orders l.A. NO: 1 OF 2014(WPMP. NO: 48623 OF 20141 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all fu(her proceedings pursuant to Lr. No. TL5l74(1)12014 - IVED dated 16.7.2O14 issued by the respondents, including recovery of the amounts from the bills submitted by the petitioner in respect of three work order Nos. 2/2013-MED d1.27.5.2014, 2-112013-\\AED d1.27.5.2014 and 212013-MED d1.21 .8.:2014, pending disposal of the above writ petition.

Counsel for the Petitioner: SRI M. KARUNA SAGAR Counsel for the Respondents: SRI THOOM SRINIVAS (SC FOR TSRTC) The Court made the following: ORDER

/ HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.38830 OF 2014 ORDER:

No representation on behalf of learned counsel for the petitioner when the case is called on 16.08.2023. Though the matter is listed under the caption "for dismissal" today i.e., on 28.08.2023, yet there is no representation on behalf of learned counsel for the Retitioner when the case is called. 2.

Learned counsel appearing on behalf of the respondents brings to the notice of this Court that the cause of action in the present writ petition does not survive for adjudication. 3.

Bringing the said submission on record, the writ petition is dismissed as infructuous. However, there shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

SD/- G. SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION ICER To, One CC to Sri M. Karuna Sagar, Advocate TOPUCI One CC to Sri Thoom Srinivas (SC for TSRTC) [OPUCI Two CD Copies J TJ GJP

HIGH COURT DATED:2810812023 \ o s .a- ^\Q * ltt i-.

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ORDER

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WP.No.38830 of 2014 DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS.

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