Y. Noor Basha, S/O. Y. Azamthulla, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.19103 of 2015 ORDER:

Heard the learned counsel for the petitioner as well as the learned Government Pleader for Transport, Roads and Buildings. There is agreement on both sides that in W.P.No.15268 of 2010, the following order is passed by My Learned Sister Justice Rohini: "This writ is filed seeking a declaration that the order of the respondent, dated 25.06.2010, in rejecting the request of the petitioner to release the vehicle i.e. bus bearing No.KA15 3474 from the stage carriage permit, held by him is arbitrary and illegal.

When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that an identical question was considered by this Court in W.P.No.19514 of 2005 and the writ petition was disposed of by order dated 02.09.2005 with the following directions: "Hence, the writ petition is disposed of, directing that in case the petitioner insists that his vehicle be released for major repairs and he is not able to replace it with another vehicle, the respondent shall accede to such request and he may, in turn, grant transport permit on the same route in favour of the owner of another vehicle, in accordance with law. There shall be no order as to costs."

The learned Government Pleader does not dispute the said fact.

Since the petitioner also stands on the same footing, following the said order, the impugned order is set aside and the Writ Petition is disposed of in terms of the above order in W.P.No.19514 of 2005. No costs."

Let there be similar order even in this case. Writ petition is disposed of with the above order. Miscellaneous applications if any, shall stand closed. No costs.

___________________ A.V. SESHA SAI, J June 29, 2015 PN

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.19103 of 2015 June 29, 2015 PN