IMPORTANT POINT
Retrospective recovery of amounts under an executive order is impermissible without following due process and the principles of natural justice.

ORDER :

1. As the issue involved in all these writ petitions is inter-related, all these writ petitions are taken up together and are disposed of through this common order. W.P. No. 11215 of 2023 is taken as a leading case.

W.P. No. 11215 of 2023

2. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“Writ of Mandamus or any other appropriate Writ direction or order declaring the OFFICE ORDER of the 8th respondent issued under vide No E2/53512/2021/JMD dated 02.11.2022 ordered to recover an amount of Rs.2,92,127/- from the petitioner retrospectively w.e.f. 10.07.2018 from the hire charges payable from month of October 2022 on the basis of survey report conducted by the 7th and 8th respondent and submitted to the 4th respondent under vide Case No E2/353 Survey/2021/JMD dated 15.11.2021 in respect of the petitioners Hire Bus bearing Regd No AP 04 TT 9599 plied on the route Jammalamadugu Kolimigundla Tadipatri Pallevelugu contrary to the Tender Notification of the 2nd respondent dated 22/23.06.2013 and allotment letter of the 3rd respondent dated 12.07.2013 as well as the agreement with the Corporation rep by 4th respondent dated 25.10.2013 and without notice to the petitioner is illegal and arbitrary and liable to be set aside consequently direct the respondents to refund the amount of Rs.2,92,127/- to the petitioner deducted from the Hire charges in respect of the petitioner Hire Bus bearing No. AP 04 17 9599 plied on the route Jammalamadugu Kolimigundla Tadipatri Pallevelugu forthwith by suspending the OFFICE ORDER of the 8th respondent issued under vide No E2/53512/2021/JMD dated 02.11.2022.”

3. Brief facts of the case are that, the petitioner is a private transport operator having vast experience in transport filed. The 2nd respondent issued Tender Notification dated 22/23.06.2013 for hiring private buses under “Hire Scheme” and invited applications from private entrepreneurs/operators for supply of Bharat Stage-III, 2013 Model Express, Pallevelugu and City Ordinary Type Buses under “Hire Scheme” for operation on the identified routes.

4. Pursuant to the tender notification, the petitioner submitted his application on 09.07.2023 for the route Jammalamadugu - Kolimigundla - Tadipatri as Pallevelugu Service under Hire Scheme at Jammalamadugu Depot. As per the Notification, the route length per single was 7.5 Kms and for six singles it is 392 Kms and floor rate is Rs.16.81 Ps per kilometer and the petitioner was declared eligible for allotment of the route applied for. Accordingly, the route Jammalamadugu - Kolimigundla - Tadipatri was allotted in faovur of the petitioner vide proceedings E/359(1)/2013-ED “K” Zone dated 12.07.2013 by the Office of the Executive Director, Kadapa with the vehicle utilization 392 Kms at the rate of Rs.16.81 ps per kilometer to ply as Pallevelugu. As such, the petitioner had to operate four single trips between Jammalamadugu to Tadipatri and two single trips between Jammalamadugu to Kolimigundla.

5. The A.P.S.R.T.C. by considering the representation of the Hire Bus Owners Welfare Association, extended the existing agreements of the Hire Buses of A.P.S.R.T.C. to the extent of the days lost due to Covid-19 pandemic from 22.03.2020 to 12.11.2020 being total 236 days. The petitioner entered into supplementary agreement with the Corporation by an amendment. The said Supplementary Agreement dated 22.01.2021 was valid from 23.01.2021 to 15.09.2021. Another Supplementary Agreement was entered on 08.09.2021 for a period of 121 days i.e. from 03.09.2021 to 14.01.2022. Finally, the petitioner entered into one year agreement with the 4th respondent from 05.02.2022 upto 04.02.2023.

6. While so, to the surprise of the petitioner, the 8th respondent issued impugned order dated 02.11.2022 ordering to recover an amount of Rs.2,92,127/- retrospectively w.e.f. 10.07.2018 out of the Hire Charges payable to the petitioner from the month of October, 2022 on installment basi