IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.118 OF 2011 DATED:14.6.2011 Between: Aluri Educational Society, Eluru, Rep. by its Director Aluri Krishna Prasad S/o. Venkata Ratnam R/o.D.No.2-121, Shanti Nagar, Eluru West Godavari District … Appellant And The Deputy Transport Commissioner Eluru, West Godavari District and another … Respondents WRIT APPEAL NO.406 OF 2011 Between: Aluri Krishna Prasad … Appellant And Sree Vani Educational Society (Regd. No.1116/99) Rep. by N. Asheerwadam, Agraharam, Eluru West Godavari District and another … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.118 OF 2011 AND WRIT APPEAL NO.406 of 2011 COMMON JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) These two writ appeals being against a common order, therefore same are taken up together for disposal. Dispute between Sree Vani Educational Society (for brevity, ‘the former society’) and the Aluri Educational Society (for brevity, ‘the latter society’), including the one relating to the ownership and possession of the vehicles has already become subject matter of O.P. No.34 of 2010 before the Principal District Judge, Eluru, and is awaiting disposal. During the currency of the said O.P., one of the vehicles bearing No.AP 07 Y 0766 of former society was sought to be transferred in favour of the latter Society through an application which was rejected by the respondent – Deputy Transport Commissioner vide his order dated 17- 08-2010, consequently Writ Petition No.22771 of 2010. The former society also filed a writ petition bearing No.20330 of 2010 challenging transfer of seven other vehicles [(1) AP 37Y 1468 (2) KL 10K 7484 (3) AP 07Y 0766 (4) AP 07Y 1142 (5) AP 37B 5339 (6) AP 37T 4747 (7) AP 37Y 9047] which includes vehicle bearing No.AP 07 Y 0766 too. Both these writ petitions were disposed of by the writ Court directing the latter society to furnish a bank guarantee in an amount of Rs.10,00,000/-. The latter society being aggrieved of judgment of the writ Court, hence these two appeals on the ground that direction to furnish the bank guarantee is uncalled for because the vehicles had already been transferred and also on the ground that the guarantee asked for a sum of Rs.10,00,000/- being in excess of the sum for which the vehicle No.AP 07 Y 0766 was purchased by the latter society, cannot be sustained in law. We have heard the learned counsel for the parties at length. Admittedly the dispute is pending before the competent forum, therefore in our opinion the validity or otherwise of the transfer of the vehicles shall have to await the decision of that forum alone and we make it clear that the transfer affected shall abide by the decision in the O.P. As regards the question of amount involved in the bank guarantee to the extent of vehicle No.AP 07 Y 0766, we leave it to the assessment of the respondent – Deputy Transport Commissioner, Eluru, West Godavari District and whatever the assessment by the said respondent, the latter society shall have to abide by that and furnishing of a bank guarantee shall be condition precedent for grant of permission. Should he fail to furnish the bank guarantee, in that eventuality the direction of the learned single Judge providing for handing over possession of the said vehicle to the former society shall take effect. Needless to say that the vehicles which have already been transferred in favour of the appellant, interim relief, if any, can be sought by the former society, namely Sree Vani Educational Society, in the O.P. itself. On that count, the said society shall be free to lay a motion, if advised and if any motion is laid, it shall be dealt with in accordance with law. To clinch the issue for good, it will be appropriate to direct the learned Principal District Judge, Eluru, West Godavari District, to dispose of the O.P. at an earliest, at any rate within six months. Disposed of. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 14-6-2011 B. Narsinga Rao