IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FIFTEENTH DAY OF APRIL, TWO THOUSAND TEN WRIT PETITION No.8376 of 2010 Between: P.Siva Prasad. … Petitioner And The APSRTC, reptd., by its Vice-Chairman & Managing Director, RTC Cross-roads, Hyderabad and others. … Respondents Counsel for the petitioner: Sri G.Venkata Reddy for Sri K.Rathagapani Reddy. Counsel for the respondents: Sri K.Madhava Reddy. This Court made the following: ORDER:- The petitioner hired his bus to the respondents for being plied from Gajuwada to Atchuthapuram. Initially an agreement was entered into between the parties for a period of four years from 1-4-2005 to 31-3-2009. After expiry of the said period, fresh agreement was entered into from 1-4-2009 to 31-3-2010. It is the case of the petitioner that in pursuance of the clause in the agreement, he was paid enhanced diesel charges during the first four year agreement period and that such charges are denied to the petitioner during the fifth year. The petitioner is stated to have made a representation on 16-12-2009 to respondent No.2 for payment of the arrears to the extent of Rs.1.00 lakh. The grievance of the petitioner is that no action is taken on the said representation. At the hearing, the learned counsel for the petitioner placed reliance on Clause 4(v) of the agreement, dated 15-6-2009, which reads as under: “ The Corporation shall pay the owner at agreed rate of Rs.8.19 ps., per operated kilometer towards hired charges. The hire rate will remain unchanged till the tenure of agreement period provided the above rate shall be subject to revision depending on the increase or decrease of the HSD Oil price”. Having regard to the above mentioned clause, the respondents are bound to pay the revised HSD oil price. In view of the same, the Writ Petition is disposed of with the direction to the respondents to consider the claim of the petitioner in the light of the above mentioned agreement clause and take a decision thereon. If the respondents find justification in the petitioner’s claim, they shall pay the amount due to the petitioner within a period of four weeks from the date of receipt of a copy of this order. If, for any reason, the petitioner’s request is negatived, an order to that effect shall be passed and communicated to the petitioner within the said period. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:15-4-2010 MNR