IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27985 of 2007 Between: S.Srinivasulu S/o.Janaiah R/o.H.No.9-135, Sitarampuram, Miryalaguda Nalgonda district ..... PETITIONER AND 1 Andhra pradesh Road Transport Corporation rep.by its Regional Manager, Nalgonda,Nalgonda district 2 The Depot Manager, APSRTC, Kodad Depot, Kodad Nalgonda District .....RESPONDENT(S) 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 of mandamus or any other appropriate writ order or direction declaring the action of the respondents in reducing the hire charges of the petitioner bus No.AP 24 U 4500 from 40 KM to 39.5 KM between Kodad -Khammam as illegal, and arbitrary, and issue consequential direction to the respondents to release the difference hire charges. Counsel for the Petitioner : MR . D.KRISHNA MURTHY Counsel for the Respondents : SMT. B.G.UMA DEVI The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27985 OF 2007 ORDER : The petitioner herein is the owner of Bus bearing No. AP-24-U- 4500 which was taken on hire by the A.P. State Road Transport Corporation (APSRTC) to ply on the notified route Khammam – Kodad under the Agreement dated 7.5.2001. According to the petitioner, the distance between Khammam and Kodad is 40 Kms. Since eight single trips were made per day, he claimed hire charges for a total 320 Kms per day (40 x 8). However, the petitioner was paid only for 304 kms. Aggrieved by the same, the petitioner filed W.P.No.25179 of 2004 and the same was disposed of by this Court by order dated 31.12.2004 with a direction to the Corporation to consider the claim of the petitioner and take an appropriate decision. Thereafter, a joint survey was conducted and the actual distance between Khammam and Kodad was found to be 40.2 kms. In spite of the same, the Corporation paid the difference of hire charges taking the distance between Khammam and Kodad as 39.5 kms. The said action of the respondents is under challenge in this writ petition. It is contended by the petitioner that since the actual distance between Khammam and Kodad as found in the joint survey is 40.2 kms, the Corporation is not justified in paying the hire charges taking the distance as 39.5 kms. It is also contended that since the Corporation is collecting the ticket fare from the passengers for 40 Kms, the same distance ought to have been taken into consideration for payment of hire charges to the petitioner’s bus. On behalf of the Corporation, a counter-affidavit is filed stating that in the joint survey the route length between Kodad and Khammam was found as 39.52 kms after applying the correction factor as provided under the Circular No.5/2001-MED, dated 5.3.2001 and accordingly the hire charges were calculated. I have heard the learned counsel for both the parties and perused the material on record. It is vehemently contended by the petitioner that the Circular dated 5.3.2001 has no application for ascertaining the charges payable to the hired buses. On the other hand, the learned Counsel for the Corporation contended that the hire charges paid on the basis of the joint survey report which was also signed by the petitioner was in accordance with law. It is to be noted that as per the meter reading shown in the joint survey report dated 2.5.2005 the actual distance between Kodad and Khammam is 40.2 kms. The said fact has not been disputed by the Corporation. However, according to the Corporation, the correction factor has to be applied in terms of the Circular dated 5.3.2001 and thus the route length has come to 39.52 kms. A reading of the Circular dated 5.3.2001 shows that having regard to the doubts expressed by the Depot Managers and the Regional Managers on the accuracy of the meters fitted on vehicles and the inter- changeability of the meters from one vehicle to the other vehicle, clarifications were obtained from the vehicle manufacturers and after due deliberations it was found that there may be difference upto 2.5 kms compared to the actual distance of 100 kms covered as per the mile stones. Accordingly, the correction factor was arrived at which shall be multiplied with the distance found in the survey to decide the actual route lengths. Nothing could be placed before this Court by the petitioner to show that the said procedure prescribed by the Corporation for arriving the correct route lengths is contrary to law or suffered from any technical error. Similarly, no case could be made out to show that the said correction factor is not applicable for determining the hire charges for the vehicles hired by the Corporation. Even the agreement entered into between the petitioner and the Corporation was silent with regard to actual distance and it was only stipulated that the distance operated for making payment will be reckoned from the appointed place of plying the vehicles and the Corporation shall pay the owner at the rate of Rs.8.48 per kilometre operated towards hire charges. The agreement also did not provide any different procedure for measuring the distance. In the circumstances, I am unable to hold that the procedure followed by the Corporation in accordance with the Circular dated 5.3.2001 is either arbitrary or illegal. Accordingly, the Writ Petition is dismissed. No costs. _____________ G. ROHINI, J. Dt. 24.12.2008 gbs