IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15467 of 2007 Between: K. Venkata Reddy S/o. K.N. Narasimha Reddy R/o. 18-632, P.H. Road, Chittoor. ..... PETITIONER AND 1 The APSRTC, Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Tirupati Region, Chittoor District. 3 The Depot Manager, APSRTC, Chittoor Depot-II .....RESPONDENTS Counsel for the Petitioner:MR.S.ARIFULLAH Counsel for the Respondents:SMT.W.V.S.RAJESWARI The Court made the following: ORDER: This writ petition is filed for issuance of a mandamus to declare the inaction of the respondents in paying differential hire charges to the petitioner in respect of his bus bearing registration No.AP03 U 3263 as illegal. Heard Sri S.Arifullah, learned counsel for the petitioner and Smt. W.V.S.Rajeswari, learned Standing Counsel for the respondents. The petitioner hired his bus referred to above to respondent No.1 Corporation. The said bus was plied up to 15.01.2007. From the averments contained in the affidavit, it appears that initially, the distance of the route was fixed at 340 kilometers per day to be plied on different routes emanating from Chittoor. By Office Order, dated 04.08.2001 passed by respondent No.3, a sum of Rs.14,023/- was recovered at the rate of Rs.4,500/- per month from the fortnightly payment of the bills of the petitioner on the ground that there was a reduction of 31.8 kilometers in distance as against the notified distance of 340 kilometers. According to the petitioner, respondent No.2 directed respondent No.3 on 11.07.2002 to change the route and fix the distance at 340 kilometers. It is the further case of the petitioner that respondent No.3 consequently fixed the distance as 336 kilometers on different routes on which the petitioner’s bus was required to ply. As the petitioner found that the actual distance on the said routes, namely, Chittoor to Penumuru via Pulikallu (4 singles), Chittoor to Devalampeta via Pulikallu (4 singles), Penumur to Kottapallimitta via Devalompeta (2 singles) and Chittoor to SS Konda (4 singles), was 352.3 kilometers, he made a representation to respondent No.3 for conducting survey. Accordingly, on 22.02.2003, the Assistant Manager of respondent No.1 Corporation held a joint survey, wherein he found that as against the actual distance of 352.3 kilometers, the distance fixed was 336 kilometers and there was a variation of 16.3 kilometers, for which, the petitioner is required to be paid extra hire charges. The grievance of the petitioner is that though repeated representations were made including representation, dated 26.11.2005 to pay extra hire charges, respondent No.3 has not taken any action for payment of hire charges from 11.07.2002 to 02.12.2003 for the extra distance of 16.3 kilometers. The petitioner has another grievance of short payment of hire charges. According to him, the route was further changed from 03.12.2003 as under: a) Chittoor to Penumuru via Pulikallu 4 Singles b) Chittoor to Devalampeta via Pulikallu 4 Singles c) Chittoor to C.R.Kandiga 4 Singles d) Penumur to Kottapallimitta 2 Singles Respondent No.1 Corporation has fixed 336 kilometers per day as total distance. However, it is the case of the petitioner that the length of the above route is 342 kilometers. The petitioner made a representation to respondent No.3 to pay hire charges for the extra distance of 6 kilometers for the period from 03.12.2003 to 31.03.2005. His further case is that without paying extra hire charges for the said 6 kilometers, respondent No.3 further reduced the distance by 2 kilometers from 01.04.2005. The petitioner made comprehensive representations to the respondents on 12.04.2006 and 03.04.2007. His grievance is that these representations are neither responded to nor payments have been made. No counter-affidavit is filed on behalf of the respondents. On a careful perusal of the record, the petitioner’s case can be divided into two parts. The first part relates to the claim for payment of hire charges for extra distance of 16.3 kilometers for the period from 11.07.2002 to 02.12.2003. This claim is supported by joint survey report, dated 22.02.2003, a copy of which is filed by the petitioner in the writ petition. The said report prepared by the Assistant Manager, Chittoor II Depot, clearly shows that the actual distance as per route survey was 352.3 kilometers and the distance that was fixed as per service schedule was 336 kilometers and there is a variation of 16.3 kilometers. In the absence of any denial of these documents and the specific averments of the petitioner contained in the affidavit filed in support of the writ petition, I do not find any reason whatsoever for respondents 2 and 3 to deny the petitioner the payment of hire charges for the extra distance of 16.3 kilometers for the period from 11.07.2002 to 02.12.2003. As regards the second part of the claim of the petitioner, the question whether actual distance was 8 kilometers or not on the varied route, on which the petitioner’s bus was stated to have plied from 03.12.2003 to 15.02.2007, is required to be determined by the respondents on a fresh survey to be conducted on the route in question. Therefore, no direction can be given for payment of this amount. But respondents 2 and 3 shall conduct a joint survey as was done earlier on the route on which the petitioner’s bus was allowed to ply previously. For the above-mentioned reasons, the writ petition is partly allowed, by directing respondents 2 and 3 to pay hire charges for the extra distance of 16.3 kilometers per day to the petitioner for the period for which his bus was plied from 11.07.2002 to 02.12.2003, for which, joint survey was conducted and survey report, dated 22.02.2003 was submitted by the Assistant Manager, APSRTC, Chittoor II. The said payment shall be made within a period of four (4) weeks from the date of receipt of a copy of this order. Respondents 2 and 3 are further directed to conduct a joint survey on the routes, namely, Chittoor to Penumuru via Pulikallu, Chittoor to Devalampeta via Pulikallu, Chittoor to C.R.Kandiga and Penumur to Kottapallimitta, on which the petitioner’s bus was stated to have been plied from 03.12.2003 to 15.12.2007, and determine the claim of the petitioner on the basis of the distance fixed therein. They shall complete this exercise within a period of eight (8) weeks from the date of receipt of a copy of this order. If the joint survey revealed that the petitioner’s bus was plied for extra distance, appropriate payment shall be made to him. C.V.NAGARJUNA REDDY, J 10th JUNE, 2009. kvni