V VENKATA RAO Vs. DEPUTY TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The petitioners in the instant writ petitior challenge Memo No. 20081/A1/99 dated 16-10-1999 issued by the first respondent herein directing the petitioners to stop plying of the operation of the vehicles on the inter-state route (1) Yanam to Rajahmundry and (2) Yanam to Jaganniakpuram.

(2.) Before adverting to the question as to the validity of the impugned Memo the facts, in some what detail, may have to be noticed: The petitioners are the transport operators. They have applied for grant of inter-state permits on the routes (1) Yanam to Rajahmundry and (2) Yanam to Jagannaiakapuram. The State Transport Authority, Pondicherry, vide proceedings No. TD/PP/1/40/94, dated 31-10-1994 granted stage carriage permits for a period of five years. However, the Secretary, State Transport Authority, Andhra Pradesh, refused to countersign the permits so granted by the State Transport Authority, Pondicherry and informed the State Transport Authority, Pondicherry that the routes in question are covered by the approved schemes of the Andhra Pradesh State Road Transport Corporation (APSRTC) and the conditions of the permit do not permit granting fresh permits in favour of the private operators. The petitioners, however, continued to ply their vehicles without countersignature, as is required in law. The vehicles were seized and detained by the first respondent herein. The petitioners filed writ petitions - W.P.Nos. 4778 and 4779 of 1995 in this Court challenging the action of the first respondent in detaining the vehicles on the ground that their applications dated 26-02-1995 requesting for countersignature were pending on the file of the first respondent therein and the vehicles could not have been seized during the pendency of the said applications. This Court by order dated 14-3-1995 disposed of the said writ petitions directing the first respondent therein to dispose of the applications of the petitioners dt.26-02-1995 within a period of two weeks from the date of receipt of a copy of the order and the vehicles were directed to be released to enable the petitioners to ply the vehicles till the decision is taken in the matter by the first respondent disposing of the applications of the petitioners dated 26-02-1995.

(3.) The APSRTC filed W.A.Nos. 323 and 324 of 1995, challenging the order passed in W.P.Nos. 4778 and 4779 of 1995, dated 14-3-1995. The said writ appeals were admitted by a Division Bench of this Court and interim order was passed to the effect that "the petitioners shall not operate on the route in question". In the meanwhile, APSRTC filed W.P.No. 2661 and 2662 of 1995 in the High Court of Madras, challenging the proceedings dt. 31-10-1994 granting stage carriage permits to the petitioners for the routes in question and the High Court of Madras, having admitted the writ petitions, passed interim order on 23-2-1995 interdicting the proceedings dated 31-10-1994.