ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION HYDERABAD Vs. TRANSPORT COMMISSIONER GOVT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The writ petition is filed by the A.P. State Road Transport Corporation seeking writ of mandamus declaring the action of the 1st respondent and his subordinates in not stopping unauthorised vehicles plying from the notified route as arbitrary and illegal and contrary to Ss. 86 and 207 of Motor Vehicles Act and for consequential direction.

(2.) The petitioner is the Road Transport Corporation constituted under the provisions of the Road Transport Corporation Act, 1950. It is the case of the Corporation that the Government of Andhra Pradesh notified several schemes to nationalise the bus routes in the State and almost 95 per cent. of the bus routes were nationalised conferring mere monopoly to A.P.S.R.T.C. to operate the stage carriage on the nationalised routes.

(3.) It has been operating the buses to the total satisfaction of the commuters. It has also received number of awards for its performance at national level. It is the grievance of the Corporation that number of private jeeps, vans, both stage carriages and carriage contracts are plying on the nationalised routes with or without permission in violation of the approved schemes. The operators are picking up the passengers and setting them down as a stage carriage on the nationalised route and thus the scheme of nationalisation is being frustrated by the private operators. It is also stated that more than 2,000 jeeps, vans, motor cabs and maxi cabs are plying as stage carriages on the notified route in the each district. The Corporation has been making complaints to the authorities to check and arrest these illegal acts. But, no action is being taken by the authorities and running of unauthorised vehicles continued unabated thereby causing huge loss to the Corporation. It is submitted that under S. 68 of the Motor Vehicles Act (for short the 'Act'), the authorities are constituted for proper implementation of the provisions of the Act. The transport authorities required to ensure that the vehicle are having proper permit are only to be allowed to be plied, failing which they will be dealt with under the relevant provisions of the Acts for breach of statutory provisions It is stated in the guise of contract carriage permits, the vehicles are being used as stage carriages. Even though the powers have been vested with the authorities to seize and detain the vehicles which do not have certificate of registration are plying without permit. The authorities are not exercising the power in a proper manner and they have been compounding the offences where the law did not permit. It is further stated that the offence under S. 192-A do not permit compounding the offence under S. 200, yet, they are being compounded by the authorities. Therefore, for all these reasons, it is submitted that the authorities may be directed to discharge their duties in accordance with the provisions of the Act.