High Court for State of TelanganaWP/4788/2016disposed of no costs

M/S Sarens Heavy Lift (I) Pvt Ltd, v. State Of Andhra Pradesh,

2016-02-16Dilip B. Bhosale,P Naveen Rao4 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO Writ Petition No.4788 of 2016 Date:16.2.2016 Between:

M/s. Sarens Heavy Lift (I) Pvt. Ltd., New Delhi.

.....Petitioner And State of Andhra Pradesh, Represented by the Special Chief Secretary, Tr. (R&B) (Tr.II) Department, Government of Andhra Pradesh, Hyderabad and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO Writ Petition No.4788 of 2016 PC:(Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard Mr. C.L.N. Gandhi, learned counsel for the petitioner and learned Government Pleader for Transport for the respondents. Mr.C.L.N. Gandhi, learned counsel for the petitioner, at the outset, invited our attention to the representation made by the petitioner on 9.10.2015 (Annexure P-11) and submits that the petitioner would be satisfied if directions are issued to consider the said representation on merits, in accordance with law.

The prayer made in the representation and in the instant writ petition is one and the same. Keeping that in view, we are satisfied that this writ petition can be conveniently disposed of by the following order: "The Deputy Transport Commissioner shall consider the petitioner's representation dated 9.10.2015 (Annexure P-11) on merits, in accordance with law, as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of this order. The petitioner is directed to produce copy of this order along with copy of the writ petition and annexures, before the concerned authority within a period of ten days from today. While passing this order, we shall not be understood to have expressed any opinion as to the entitlement of the petitioner for refund. The concerned authority shall, therefore, consider the petitioner's prayer for refund, strictly on merits, in accordance with law."

Consequently, pending miscellaneous applications shall also stand closed.

____________________ DILIP B. BHOSALE, ACJ __________________ P. NAVEEN RAO, J 16th February, 2016 Pnb