ORDER:

This writ petition, under Article 226 of the Constitution of India is filed for issuance of Writ of Mandamus, declaring the action of the respondents in not considering and disposing of the applications, dated 28.09.2020 made by the petitioners for grant of Pucca Stage Carriage Permits on the Town service Routes i.e. ‘Mylavaram Dam to Jammalamadugu Old Bus Stand via Veparala’ and ‘Jammalamadugu Old Bus stand to Mylavaram Dam via Moragudi’, which are registered as R.No.358/B4/2020 and R.No.359/B4/2020 respectively, as illegal and arbitrary and consequently to direct respondent No.3 to permit the petitioners to ply their vehicles on the above Town Service Routes.

2. The case of the petitioners is that petitioners made applications on 28.09.2020 seeking permission for grant of Pucca Stage Carriage Permit to ply on the Town Service Route ‘Mylavaram Dam to Jammalamadugu Old Bus Stand via Veparala’ and ‘Jammalamadugu Old Bus stand to Mylavaram Dam via Moragudi’ respectively and they were registered as R.No.358/B4/2020 and R.No.359/B4/2020, respectively. Pursuant to receiving of applications, respondent No.3 issued memo, dated 19.11.2020 to the Motor Vehicle Inspector (hereinafter referred to as ‘MVI’), Proddatur calling for a joint survey report on the routes in question. Petitioners asserted that MVI, Proddatur conducted joint survey and submitted report to respondent No.3 and the same is pending. Hence, the writ petition.

3. Heard Sri S. Arifullah, learned counsel for the petitioners and learned Government Pleader for Transport, appearing for the respondents.

4. Learned counsel for the petitioners submits that since MVI, Proddatur submitted joint inspection report, respondent No.3 ought to have disposed of the application within three months as per Rule 132 of the Andhra Pradesh Motor Vehicles Rules, 1989 (for short ‘APMV Rules’). Hence, he sought for a direction to the respondents to dispose of petitioners’ applications.

5. Learned Government Pleader for Transport fairly submits that if any such report is available with respondent No.3, respondent No.3 ought to have disposed of the same within three months as contemplated under Section 132 of the APMV Rules.

6. Though the petitioners prayed for a larger relief in the writ petition, at the time of arguments, learned counsel for the petitioners confined his prayer to direct the respondents to consider the report submitted by MVI with regard to plying of the petitioners’ vehicles on respective routes and to dispose of the petitioners’ applications.

7. In view of the above, this writ petition is disposed of with a direction to the respondents to consider the applications of the petitioners i.e. R.No.358/B4/2020 and R.No.359/B4/2020 respectively, in the light of the report said to have been submitted by MVI, Proddatur, within a period of eight weeks from the date of receipt of a copy of this order and pass appropriate order as per Andhra Pradesh Motor Vehicle Act, 1988 and the rules made thereunder. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 22.07.2022 ikn THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.21093 of 2022 Date : 22.07.2022 ikn