2023 Supreme(Online)(AP) 13299
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28645 OF 2022 Between:
1. ZAMEER AHAMMED S/o. Late K.M. Abdul Rehman.
Aged about 70 years, R/o. House No. 1521 (Old), New No_ 1003, Old Post Office Road, Kolar, Kolar District, Karnataka State.
...PETITIONER(S)
AND:
1. THE STATE OF Andhra Pradesh Rep. by its Principal Secretary, Transport. Roads Buildings Department, Secretariat. Velagapudi, Amaravathi, Guntur District.
2. The State Transport Authority, Rep. by its Secretary, Andhra. Pradesh, Vijayawada.
3. The Transport Commissioner, Andhra Pradesh, Vijayawada.
4. The Joint Transport Commissioner and Secretary, State Transport Authority. Andhra Pradesh, Vijayawada.
5. The Deputy Transport Commissioner and Secretary, Regional Transport Authority. Chittoor. Andhra Pradesh State.
6. The APSRTC, Rep.by its Managing Director. Vijayawada, Krishna District
7. Sri R.V. Subhash Chandra Boss, S/o. Late R. Venkatesam Chetty, Aged about 67 years, R/o. H.No.12/122, Javali Street, Palarnaneru, Chittoor District, Andhra Pradesh.
...RESPONDENTS Counsel for the Petitioner(s): S ARIFULLAH Counsel for the Respondents: GP FOR ROADS BUILDINGS The Court made the following: ORDER HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.28645 of 2022
ORDER:
1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the proceedings of the 4th respondent passed in R.No.2721903/B1/2019 and R.No.946736/B1/ 2019 dated 23.03.2021 granting Revision of Timings by changing Night Halt from Tirupathi to Bangalore in favour of the 7th respondent vehicle bearing Registration No.AP 03/TE 7000 or AP 39/TJ 9099 covered by Pucca Stage Carriage Permit No.43/64 plying on the Inter-State Route Tirupathi to Bangalore is illegal, arbitrary and in violation of the provisions of the Motor Vehicles Act, 1988 and the A.P.M.V.Rules, 1989 and contrary to the Inter-State Agreement dated 01.09.1975 and in violation of principles of natural justice and it is liable to be set aside and consequently suspend the proceedings of the 4th respondent passed in R.No.2721903/BI/2019 and R.No.946736/B1/2019 dated 23.03.2021 granting Revision of Timings by changing Night Halt from Tirupathi to Bangalore in favour of the 7th respondent vehicle bearing Registration No.AP 03/TE 7000 or AP 39/TJ 9099 covered by Pucca Stage Carriage Permit No.43/64 plying on the Inter-State route Tirupathi to Bangalore and pass.….”
2. The brief facts of the case are that, the petitioner is the existing operator holding Pucca Stage Carriage Permit P.St.S.20/2000-01 to ply on the Inter-State route Bangalore to Palamaneru and back via Hoskota, Malur, Kolar, D.Samudram, Mulbagal and Nangli border so as to perform two round trips per day by one vehicle. Originally, the above said permit was granted in favour of his grandfather namely Haji Mohammed Mustafa Saheb in the year 1932. Later, the above said permit was transferred in favour of his father late K.M.Abdul Rehman. Subsequently, the said permit was transferred in favour of his elder brother namely K.M. Khaleel Ahamed. Thereafter, the said Permit was transferred to the petitioner in the year 1990. The said permit is being renewed from time to time and it is valid upto 01.05.2025 and it was also counter- signed by the office of the State Transport Authority, A.P. Vijayawada through Endt.R. No.36/B1/2020 R.No.12034/36/B1/2020 dated 06.03.2020. Accordingly, the vehicle of petitioner bearing Registration No. KA 07-B-1180 is operating on the Inter-State Route Bangalore to Palamaneru in the interest of the travelling public on payment of single point tax.
3. In the meanwhile, in the year 1975 all the routes in Andhra Pradesh were nationalized by the State Government and the existing private operations are saved under the schemes published by the State Government. Consequence to the above nationalization reciprocal Inter-State Agreements came into existence. Accordingly, Government of Karnataka proposed to enter into an Agreement with the Government of Andhra Pradesh regarding operation of Stage Carriage Services on the interstate routes. As such, Government of Karnataka issued Gazette Notification mentioning all the interstate routes and it is published on 01.09.1975. The said Gazette Notification published by the Government of Karnataka dated 01.09.1975 is divided into two parts i.e., Appendix Part-A, which discloses the Statement showing the Inter-State routes to be operated by the Karnataka operators and Appendix Part-B discloses the statement showing the Inter-State routes to be operated by Andhra Pradesh operators. The details of routes in Karnataka and Andhra Pradesh along with the kilometers and the number of permits i.e. minimum and maximum and number of round trips and number of daily services in Kilometers in both the States were clearly mentioned in the said gazette Notification dated 01.09.1975. Following the above Gazette Notification, the route Bangalore to Palamaneru has been shown in Appendix Part-A at SL.No.122 in the Inter-State Agreement to be operated by Karnataka operators. According to the Interstate agreement dated 01.