IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 15101 of 2009 Between: M/s.Laxmi Narasimha Swamy Maruthi Heavy Motor Driving School Rep. by P. Shiva Kumar, S/o. P. Maruthi Rao Pawar R/o. Plot No. B-6, Auto Nagar, Nizamabad. ..... PETITIONER AND 1 The Appellate Authority and Transport Commissioner Andhra Pradesh Hyderabad. 2 The Deputy Transport Commissioner and Secretary Regional Transport Authority Nizamabad. 3 The Deputy Transport Commissioner Regional Transport Authority Hyderabad. 4 The Motor Vehicles Inspector Medak Medak 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the order of the 2nd respondent in proceedings Memo No.682/B1/2009, dt.17-06-2009 (received on 8-7-2009) canceling the license of the petitioner with immediate effect and the consecutive inaction of the 1st respondent in not considering and disposing of the statutory appeal and stay petition dt. 14-7-2009 filed by the petitioner, challenging the order of the 2nd respondent dt.17-06-2009 as arbitrary, illegal, improper, void, vitiated, perverse, unconstitutional, contrary to the statutory provisions of the Central Motor Vehicles Rules, 1989, violative of principles of natural justice and violative of Article 14 and 19 (i) (g) of the Constitution of India and issue any other appropriate writ, order or direction and grant such other necessary relief or reliefs, as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.15101 OF 2009 ORAL ORDER By the order dated 17-06-2009 in Memo No.682/B1/2009 in purported exercise of powers under Rule 28 (d) (ii) of the Central Motor Vehicles Rules,1989 (for short “the Rules”), the 2nd respondent cancelled the licence of the petitioner to run a heavy motor driving school at Nizamabad. The petitioner preferred an appeal thereagainst to the 1st respondent under Rule 29, on 14-07-2009 together with an application seeking interim stay of the order appealed against. It is the grievance of the petitioner that the 1st respondent-appellate authority has neither considered the appeal nor the application for interim relief. Sri Rajanikanth Jwala, the learned senior counsel appearing for the petitioner would also canvass the invalidity of the 2nd respondent’s order dated 17-06-2009. This court declines to accept this invitation, to judicially review the primary order as the petitioner had already preferred an appeal and cannot be permitted to pursue parallel remedies leading to a potential conflict of decisions by two authorities having jurisdictions over the identical subject matter. In the facts and circumstances, the writ petition is disposed of at the stage of admission directing the 1st respondent to expeditiously consider the petitioner’s appeal dated 14-07-2009 and at any rate to consider and dispose of expeditiously and preferably within a period of one (1) month from the date of receipt of this order, the application by the petitioner for interim relief filed along with the appeal. No costs. _________________ GODA RAGHURAM,J 28th JULY 2009 Note: Issue CC as soon as possible. (B/O) *TSNR