Potta Bikshapathi vs The Telangana State Road ...
2022 Latest Caselaw 6451 Tel

         THE HONOURABLE SRI JUSTICE K.SARATH

                  WRIT PETITION No.21310 of 2022

ORDER:

The petitioner seeking the following relief:

"...to issue any appropriate Writ, Order or Direction more particularly one in Nature of Writ of Mandamus declaring that the action of the respondent No.3 in recovering of Rs.2,02,000/- for each petitioner buses bearing Nos.TS 30T 8749 on the ground of producing the buses with delay before respondent authority is bad, arbitrary and illegal and against to principles of natural justice by setting aside the office orders dated 08.10.2021 of the respondent No.3 herein including circular dated 17.12.2019 of the respondent No.1 herein and direct the respondents to repay the recovered amounts to the petitioner in concerned with the above two buses related to the above office orders..."

2. Learned Counsel for the petitioner submitted that in

identical matter, this Court allowed the Writ Petition in

W.P.No.21609 of 2020 on 21.12.2020.

3. The Learned Standing Counsel appearing for the

respondents fairly conceded that the aforementioned Writ

Petition was allowed and against the said orders, the

Respondent Corporation has filed Review Petition and the same

is pending.

4. In view of the judgment passed by this Court in

W.P.No.21609 of 2020 dated 21.12.2020, this Petition is also

allowed by setting aside the impugned proceedings vide

No.E1/359(04)/2021-YGT dated 08.10.2021 by the respondent

No.3 -the Depot Manager, Yadagirigutta Depot, imposing penalty

of Rs.2,02,000/- for bus bearing Nos.TS-30T-8749 on hire basis

as per the allotments letters and consequently the respondents

are directed to permit the operation of the petitioner's hire buses

TS-30T-8749 on hire basis by entering into agreement as per the

allotment letter, without insisting for payment of penalty.

5. Accordingly this writ petition is allowed. No order as to

costs.

6. Miscellaneous applications, if any pending, shall stand

closed.

_____________________ JUSTICE K.SARATH

Date:05.12.2022

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