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High Court for State of TelanganaWP/20091/2015disposed of no costs

Smt. Kataru Mangamma, v. State Of Andhra Pradesh,

2015-07-03A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI Writ Petition No. 20091 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue an appropriate Writ, Order or direction preferably one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not considering the application of the petitioner for the grant of regular permit on the existing Town Service Route from Kalyanadurg Government Hospital to Bochupalli (via) Valmiki Circle etc., which was temporarily deferred in the earlier meeting of the 2nd respondent on 08-08-2013 in Item No.3(a) in R.No.2280/C2/2012 and which is pending consideration till date as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to consider the said application in its next meeting forthwith; and pass such other or further orders as are necessary."

Heard Sri E. Maruthi Raja, learned counsel for the petitioner and learned Government Pleader for Transport (AP), for the respondents.

According to the petitioner, she made an application on 07-07-2012 for grant of one regular stage carriage permit on the existing town service route from Kalyanadurg Government Hospital to Bochupalli (via) Valmiki Circle etc., to perform 6 singles per day with night halt at Bochupalli in the vacancy caused due to expiry of Permit No.PSP21/90 issued to one Sri M. Lakshminarayana

on 26-08-2010.

The grievance of the petitioner herein in the present writ petition is that even though as per the A.P. Motor Vehicle Rules 1989, it is obligatory on the part of the respondents herein to dispose of the said application, no action is taken till date.

In view of the facts and circumstances stated in the affidavit, filed in support of the writ petition, and without expressing any opinion on the entitlement of the petitioner, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents herein to consider the application of the petitioner, by fixing some time.

Having regard to the nature of controversy involved and without expressing any opinion on the entitlement of the petitioner, the writ petition is disposed of, directing the respondents herein to consider the application said to have been made by the petitioner on 07-07-2012, and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. The miscellaneous petitions, if any, filed in the writ petition shall also stand disposed of.

_________________ A.V. SESHA SAI, J.

Dt.03-07-2015.

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