Inter City Transport Co., Hyderabad, v. The State Of Telangana,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6363 OF 2015 DATED:13.3.2015 Between:

Inter City Transport Co., Hyderabad Rep. by S. Venkat Reddy Plot Nos.9 & 10, AIE Main Road, Balanagar, Ranga Reddy District ... Petitioner And The State of Telangana Rep. by its Principal Secretary Transport, Roads & Buildings Department Telangana Secretariat At Hyderabad and others ... Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6363 OF 2015 ORDER: (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) Learned Special Government Pleader appearing for the State does not want to file counter. We therefore dispose of the writ petition finally by the following order.

It is alleged that without issuing any show cause notice impugned order has been passed. The learned Special Government Pleader produced a document showing receipt of notice. It appears the mode of service appears to be hand-delivery and the signature is denied by the learned counsel for the petitioner. We have tallied the signature with that of the petitioner put on the vakalat and the writ affidavit and we find that there is discrepancy. We fail to understand as to why the show cause notice was not served by Registered Post with Acknowledgement Due. Therefore, benefit of doubt with regard to service will have to be given to the petitioner. We therefore set aside the impugned order.

We direct the respondent concerned to serve a show cause notice upon the learned counsel for the petitioner within a week from date of receipt of copy of this order. On receipt thereof, it would be open for the petitioner to object to the same and if such objection is raised, the respondent will hear the petitioner and decide the matter in accordance with law by passing a speaking order, without being influenced by the earlier decision.

learned counsel for the petitioner, this order passed by us will stand recalled and the order impugned will stand revive in that case. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.

________________________ K.J. SENGUPTA, CJ _______________________ SANJAY KUMAR, J 13.3.2015 bnr