THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.22771 and 22030 2010 COMMON ORDER: W.P.No.20330 of 2010 is filed by Sree Vani Educational Society feeling aggrieved by the inaction on the part of the respondent in considering the representations, dated 05.01.2010, 02.03.2010 and 01.07.2010, about the transfer of various vehicles owned by the Society, as illegal, arbitrary and unconstitutional. W.P.No.22771 of 2010 is filed by Aluru Educational Society, Eluru feeling aggrieved by the proceedings, dated 17.08.2010, issued by the same respondent refusing to give clearance certificate for sale of a vehicle bearing No. AP 07 Y 0766 in favour of third parties. Heard the learned counsel for the petitioners in both the writ petitions and the learned Government Pleader for Transport. It appears that there was some unity of interest between the two educational societies referred to above and the management was also somewhat common. However, in the recent past, the vehicles owned by Sree Vani Educational Society were sold in favour of the other society. It is important to note that one Sri Aluri Krishna Prasad acted as a transferor being the Secretary of Sree Vani Educational Society and transferee in his capacity as Secretary to Aluri Educational Society. Sree Vani Educational Society, represented by its Secretary Sri N.Aseerwadam, challenges the transfer of the vehicles. One of the vehicles purchased by Aluru Educational Society is sought to be transferred in favour of third party and for that purpose, clearance by the Deputy Commissioner of Transport, Eluru was necessary. Taking into account the objections raised by Sree Vani Educational Society, the Deputy Commissioner of Transport refused to issue the clearance certificate. Serious disputes of claim and right of the parties vis-à-vis the societies is involved. It is brought to the notice of this Court that O.P.No.34 of 2010 filed in the Court of the Principal District Judge, Eluru by Sree Vani Educational Society represented by Sri N.Aseerwadam is pending. Various disputes between the two societies or the Members of the individual societies themselves can be determined in the O.P. The validity or otherwise of the transfer of the vehicles can also be brought into the fold of the O.P. The transfer of the vehicles from one society to other would depend upon the outcome. If it is held that Sri Krishna Prasad did not have the locus standi to sell the vehicles or that the sales were otherwise vitiated, necessary relief needs to be granted in favour of Sree Vani Educational Society. On the other hand, if the sales are held to be valid, the transfers become legal. This Court is of the view that interest of the parties can be protected by directing that Aluri Educational Society shall furnish bank guarantee for a sum of Rs.10,00,000/- (Rupees ten lakhs only) in favour of Sree Vani Educational Society, to be in force till the O.P. is disposed of, within a period of four weeks from today. As and when such bank guarantee is furnished, the Deputy Commissioner of Transport shall give clearance for further sale of the vehicle. No further transfers shall be affected as regards other vehicles. It is also directed that Sree Vani Educational Society shall be entitled for the possession and use of the vehicles, which are not transferred in favour of Aluru Educational Society. The learned Principal District Jude, Eluru shall dispose of the O.P. No.34 of 2010 by the end of December, 2011. The writ petitions are accordingly disposed of. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY,J Dt:21.02.2011 kdl