IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23958 of 2008 Between: P. Nagabhushna Rao S/o Late Kamaraju R/o. Rekhana Street, Pathapatnam, Gajapathi District, Orissa State. ..... PETITIONER AND 1.The State Transport Authority, A.P. Hyderabad, rep by its Secretary, Sri Burgula Ramakrishna Rao Office Complex, Tank Bund Road, Hyderabad 2.The Vice Chairman and Managing Director A.P.S.R.T.C., Musheerabad, Hyderabad. .....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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 1st Respondent in considering the petitioner's application ﬁled on 21-10-2003 which was registered in R.No. 14469/B1/2003 on its ﬁle, as illegal, improper, unjust with a direction to the 1st Respondent to consider and grant the petitioner's said application forthwith. Counsel for the Petitioner: MR.T.VENKATA RAMANA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.23958 of 2008 Order: The petitioner states that he was granted pucca stage carriage inter-State permit to ply on the route Parlakhimundi to Berahampur via Palasa, Haripuram, Ambugam, Sasanam junction by the State Transport Authority, the ﬁrst respondent. He also states that on 21.10.2003 he made an application for variation of the route for curtailment of a portion of it from Haripuram to Sasanam junction via Ambugam and to extend it from Haripuram to Sasanam junction via Mandasa, and as the said application was not considered by the ﬁrst respondent, he ﬁled W.P.No.23372 of 2005, which was disposed of by this Court on 31.10.2005 directing the ﬁrst respondent to consider the said application of the petitioner. Pursuant to the same, the ﬁrst respondent considered the said application and erroneously rejected the same. Questioning the same, the petitioner ﬁled R.P.No.91 of 2006 before the State Transport Appellate Tribunal, A.P., Hyderabad, and the State Transport Appellate Tribunal by an order, dated 02.05.2007, allowed the same and remanded it to the ﬁrst respondent for consideration afresh and to pass appropriate orders in accordance with law, after giving an opportunity of hearing to the parties concerned. Since the first respondent did not consider the application in spite of the orders of the State Transport Appellate Tribunal, the petitioner ﬁled a petition on 28.01.2008 requesting the ﬁrst respondent to consider his application. The grievance of the petitioner is that in spite of the orders of the State Transport Appellate Tribunal, the ﬁrst respondent has not considered his application afresh so far. Hence, the present writ petition. When the matter came up for consideration on 04.11.2008, the matter was adjourned to today at the request of the learned Government Pleader for Transport for getting instructions. Today, the learned Government Pleader has ﬁled a counter aﬃdavit stating that the term of the State Transport Authority constituted, vide G.O.Ms.No.48, dated 23.03.2006, was expired on 24.03.2008 and the orders of the Government are awaited for re-constitution of the State Transport Authority. Hence, it is stated that the application of the petitioner could not be considered and as and when the State Transport Authority is re-constituted, the application of the petitioner would be considered and appropriate orders would be passed. The learned Government Pleader would further submit that the State Transport Authority is going to be constituted within four weeks. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents, and at their request, the writ petition is taken up for final disposal, at the admission stage. In view of the stand taken by the learned Government Pleader, as stated above, the State Transport Authority, A.P., Hyderabad, shall consider the application of the petitioner and pass appropriate orders thereon in accordance with law, within a period of six weeks. The writ petition is disposed of accordingly. No costs. ___________________ N.V. RAMANA, J. Date:11.11.2008 VGB