D JANARDHANA REDDY Vs. REGIONAL TRANSPORT AUTHORITY NELLORE

JUDGEMENT

(1.) Mr. Siva Prasad, learned Counsel for the petitioner made a representation on 2-4-1999 requesting this Court to grant permission to withdraw the writ petition on the basis of the instructions purported to have been received by him from the petitioner. I have recorded the said statement and observed that the request of the petitioner for withdrawing the writ petition shall be considered at the appropriate stage.

(2.) The present writ petition is purported to have been filed in public interest for issuance of a writ of mandamus declaring the grant/issue of stage carriage permits on the Nellore Town Service Route, Kalakarula colony to Zakir Hussain Nagar, via, Shivaji Nagar as contrary to law and the notified schemes of nationalisation in G.O. Ms. No.92 of 1991 dated 23-2-1991; G.O. Ms. No.906 dated 24-9-1976, and G.O. Ms. No.175 dated 28-6-1990. The petitioner also obtained an interim order directing respondents 1 and 2 not to issue any stage carriage permits on the said route.

(3.) In the affidavit filed by the proposed respondent, it is inter alia stated that he filed an appeal AP No,360 of 1998 before the State Transport Appellate Tribunal, Hyderabad challenging the order of the Regional Transport Authority refusing to grant permit on the route with which we are now concerned. The Tribunal after hearing the concerned parties including the Road Transport Corporation found that the overlapping is only 4.9 kms. and accordingly granted the permit in favour of the proposed respondent by an order dated 19-11-1998. The said order passed by the appellate Tribunal is not challenged in this writ petition and it has become final. It is also required to notice that this writ petition has been filed by the petitioner on 30-12-1998 in purported public interest litigation.