IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.8771 of 2002 Between: 1 Syed Zaheer Hussaini, S/o.Syed Qadeer Hussaini, R/o.1-7-42, Potti Sri Ramulu Centre, Suryapet, Nalgonda District. 2 P.Yadigiri, S/o.Rangaiah, R/o.Cheruvugutta, Narketpally Mandal, Nalgonda District. ..... Petitioners AND 1 Andhra Pradesh State Road Transport Corporation, Rep. by Vice Chairman & Managing Director, Mushirabad, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C., Suryapet Depot, Suryapet, Nalgonda District. 3 The Secretary, Regional Transport Authority, Nalgonda, Nalgonda District. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate Writ, order or direction preferably one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing impugned orders dt:26.4.2002, bearing A.P.S.R.T.C.No.01/756(1)/2001-SRPT for recovering the amounts from the presently bills payable to the petitioner, without any notice as arbitrary, illegal, violative of principles of natural justice and further direct the respondents to make the payments regularly as was being paid originally in the interest of justice. Counsel for the Petitioners: MR.SYED TALHA HUSSAINI Counsel for the Respondent No.: (SC FOR A.P.S.R.T.C.) The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8771 of 2002 ORDER: Petitioners stage carriage vehicles bearing Nos.AP 24U 4590 and AP 24U 2509 were hired by Andhra Pradesh State Road Transport Corporation (APSRTC) to ply on the route Suryapet- Nereducherla-Miryalaguda (ordinary service). The distance of the route given to each vehicle per day is 342 KMs and petitioners vehicles were allegedly performing single trips. As and when petitioners submitted bills, they were veriﬁed as per vehicle logbook by Traﬃc Supervisor and on receipt of report from him, amounts were paid by respondents. However on 26.4.2002 second respondent issued orders deducting an amount of Rs.15,486/- and Rs.18,597/- from petitioners 1 and 2 respectively towards excess hire charges paid by APSRTC. According to APSRTC, schedule KMs are 336 in six single trips and not 342 KMs and therefore amount has to be deducted on excess KMs. Petitioners ﬁled this writ petition assailing the impugned order dated 26.4.2002. This Court has disposed of a similar batch of writ petitions being W.P.No.21377 of 2001 and batch (A.S.V.Prasad v A.P.S.R.T.C.), by an order dated 29.8.2002. While holding that writ petitions are not maintainable, as they seek to enforce an agreement, the matters were disposed of in the following manner. In the result, these writ petitions are disposed of directing the respective Regional Managers of the APSRTC to issue notices to the petitioners whose buses were hired and conduct survey in the presence of petitioners or their duly authorized representatives for determining the actual length of the route by taking the advice/assistance from the oﬃcials of the Roads and Buildings Department of Government of Andhra Pradesh. After conducting such survey and determining the actual route length, the Regional Manager concerned may again verify the vehicle log book containing the operational particulars as well as certiﬁcate/s issued by the Traﬃc Supervisors of the Depots with regard to the distance operated during the speciﬁed period, take into consideration the excess scheduled Kilometers of deviations of the route, if any, and determine the actual distance on which the petitioners vehicles plied. Till such determination is made, no coercive steps shall be taken against the petitioners. As and when such a ﬁnding is arrived at by the Regional Manager, the petitioners undertake to pay the amount, if any, excess paid to them. Learned Standing Counsel does not dispute that the above judgment squarely applies to the facts of this case. Therefore, this writ petition is also disposed of in the above terms. No costs. ______________ (V.V.S.RAO, J) September 12, 2008 YS To 1 Andhra Pradesh State Road Transport Corporation, Rep. by Vice Chairman & Managing Director, Mushirabad, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C., Suryapet Depot, Suryapet, Nalgonda District. 3 The Secretary, Regional Transport Authority, Nalgonda, Nalgonda District. 4 Two C.D. Copies.