G VENKAT NARAYANA Vs. DEPOT MANAGER

JUDGEMENT

(1.) THIS Writ Petition is filed for a Mandamus to set aside proceedings No.01/122(B)/2008-BCM dated 06.06.2012 of respondent No.1 whereby he has ordered payment of Rs.1,97,690.00 by the petitioner in seven equal monthly installments at the rate of Rs.28,242.00per month.

(2.) I have heard Mr. K. Sarath, learned counsel for the petitioner, and Mr. G. Venkateswarlu, learned counsel representing Mr. K. Srinivasa Rao, learned standing counsel for APSRTC appearing for the respondents.

(3.) IN the counter affidavit filed by the Law Officer of the APSRTC, it is inter alia stated that on receipt of the petitioner 's reply denying his liability to pay the additional rent, the tender committee requested him to appear before it on 12.12.2011, and that one B. Laxman Rao, resident of Bhadrachalam, has attended before the tender committee on the said date and stated that the petitioner had some urgent work and that, therefore, he was requested by the petitioner to represent him before the tender committee. It is further stated in the counter affidavit that the petitioner 's representative has given a written consent for payment of the additional amount of Rs.1,97,690.00, as the petitioner could not erect fencing for the earmarked space and requested for exemption from paying penalty, while informing that they have now erected the fencing and doing business in the allotted space only, and that on the said representation and after obtaining approval from the Regional Manager, Khammam, respondent No.1 has issued the impugned order dated 06.06.2012.