(SHOW CAUSE NOTICE BEFORE ADMISSION)

HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY,

TWO THOUSAND AND FIFTEEN

:PRESENT:

THE HON'BLE SRI JUSTICE: A.RAJASHEKER REDDY

WP :4584 of 2015

Between:

1. M/s CHIREC Educational Society, Kondapur, Hyderabad,

Represented by its Manager Sri. J.V.S. Rao, S/o. Late Jasti

Suryanaryana, Having Office at Premises: 1 -55/12, `CHIREC

Avenue' Kondapur Kothaguda (PO), Hyderabad - 500 084

2. Sri. J.V.S. Rao, S/o. Late Jasti Suryanaryana

..... PETITIONERS

AND

1. Greater Hyderabad Municipal Corporation, Rep by its

Commissioner Hyderabad, Telangana State

2. Deputy Commissioner of Police- Traffic Cyberabad, Telangana

State

3. Gautami Enclave Residents Welfare Association, Represented

by its Secretary, Gautami Enclave, Botanical Garden Road,

Kondapur, Hyderabad - 500084

.....RESPONDENTS

WHEREAS the Petitioners above named through their

Advocate Sri Avinash Desai presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue a writ order or direction, one more particularly in the nature of "Writ of Mandamus" declaring that action of respondents in not permitting the petitioner school buses to ply on roads meant for public use for the purpose of transport to and from the school premises thereby causing unauthorized obstruction and inconvenience and in not providing a gap in the median at the gate of the school thereby not providing adequate provision for the passage of the petitioner's school buses on a permanent basis as being illegal, arbitrary and unconstitutional apart from being in violation of the fundamental rights guaranteed under the Constitution of India and consequently, direct the respondents to ensure free passage of petitioner's school buses by providing a gap in the median at the gate of the school and allowing the petitioner school buses to ply on roads passing through Gautami Enclave

Colony on a permanent basis;

AND WHEREAS the High Court upon perusing the petition and affidavit

filed herein and upon hearing the arguments of S r i Avinash Desai Advocate for the Petitioners, and Dr. Y. Padmavathi, who takes notice for the 2^nd respondent, directed issue of notice to the Respondents herein to show cause as to why this writ petition should not be admitted in the

circumstances set out in the petition and the affidavit filed in Writ Petition;

You viz;

1. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, Telangana State

2. The Deputy Commissioner of Police- Traffic Cyberabad, Telangana State

3. The Secretary, Gautami Enclave Residents Welfare Association, Gautami Enclave, Botanical Garden Road, Kondapur, Hyderabad - 500084 ..2..

are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.

The court made the following

ORDER:

Dr. Y. Padmavathi takes notice for 2^nd respondent.

Heard the learned counsel for the petitioners.

Notice before admission.

Learned counsel for the petitioners is permitted to take out personal notice to the 3^rd respondent by RPAD and file proof of service.

Post after two (2) weeks in motion list.

ASSISTANT REGISTRAR //TRUE COPY//

for ASSISTANT REGISTRAR To

1. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, Telangana State

2. The Deputy Commissioner of Police- Traffic Cyberabad, Telangana State

3. The Secretary, Gautami Enclave Residents Welfare Association, Gautami Enclave, Botanical Garden Road, Kondapur, Hyderabad - 500084 (Addressee Nos 1 to

3 by RPAD along with a copy of petition and affidavit)

4. Two CCs to GP for Home (TG), High Court, Hyderabad (OUT)

5. One CC to Sri Avinash Desai, Advocate (OPUC)

6. One spare copy Skm HIGH COURT ARR,J Drafted by: skm Drafted on: 26-02-2015 DATE: 26-02-2015 NOTE: POST AFTER TWO WEEKS IN M.L