High Court for State of TelanganaWP/4914/2016disposed of no costs

Mohd. Abdul Samad v. The State Of Telangana,

2016-03-09Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4914 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble court may be pleased to issue a writ or writs order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in transferring the petitioner Swaraz Mazda vehicle bearing No.AP05V 7489(Water Tank) in favour of the 5th respondent is illegal, arbitrary, violation of Principles of Natural Justice and contrary to the Provisions of Transport Act and Rules there under and violation of the Fundamental Rights guaranteed under the Constitution of India and consequently, direct the respondents to cancel the Registration of the petitioner vehicle in favour of the 5th respondent and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

The petitioner seems to have addressed letter dated 06.11.2015 to the Commissioner, Transport Department, Khairatabad, Hyderabad, in relation to his grievance. The said letter is yet to be acted upon. In that view of the matter, no purpose would be served in entertaining this writ petition for adjudication on merits. The writ petition is accordingly disposed of directing the Commissioner, Transport Department, Khairatabad, Hyderabad, to consider the petitioner's letter dated 06.11.2015 and take appropriate action thereon in accordance with law. In the course of such exercise, the Commissioner shall give notice and an opportunity of hearing to all the persons who may be affected by any decision taken upon the said letter. This exercise shall be completed expeditiously and in any event, not later than three weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 9th March, 2016

PGS