THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12481 of 2009 Dated 23rd August, 2010 Between: Ch. Bosaiah. …Petitioners And The Andhra Pradesh State Road Transport Corporation and others. …Respondents Counsel for the petitioner: Sri V. Jithender Rao Counsel for respondents: Sri Krishna Reddy for Sridhar Reddy Pottigari standing counsel for APSRTC The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in not paying the hire charges based on the actual distance in respect of petitioner’s bus bearing No.AP 15Y 0233 on Karimnagar – Kalva Srirampur route as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to pay him hire charges as per the joint survey report dated 30.11.2008. I have heard Sri V. Jithender Rao, learned counsel for the petitioner and Sri Krishna Reddy, learned counsel representing Sri Sridhar Reddy Pottigari, learned standing counsel for A.P.S.R.T.C. The petitioner has given his bus on hire under an agreement dated 25.10.2007 for being plied on Karimnagar - Kalva Srirampur route. When a dispute has arisen with respect to the actual distance, a joint survey was stated to have been held on 30.11.2008 and that according to the said survey report the actual distance was 372 kilometers per day. The grievance of the petitioner is that in spite of pendency of his representation dated 26.09.2008, respondent Nos.2 and 3 have not paid the extra hire charges in terms of the said report. During the pendency of this writ petition, a fresh survey appeared to have been conducted and a survey report was obtained by the respondents on 27.07.2009. When the learned counsel for the petitioner disputed the binding nature of the said report on the ground that his client was not put on notice before conducting the said survey, this Court passed an order dated 02.08.2010 directing respondent Nos.2 and 3 to get a fresh joint survey conducted in the presence of the petitioner and submit a report. At the hearing, learned counsel for the petitioner furnished a copy of the joint survey report pertaining to the survey stated to have been conducted on 18.08.2010. The authenticity of this report is not disputed by the learned counsel appearing for the respondents. The learned counsel for the petitioner submitted that respondent Nos.2 and 3 have to pay additional hire charges for the extra distance as per the abovementioned report. The learned counsel for the respondents fairly conceded to this position. In view of the above, respondent Nos.2 and 3 are directed to pay additional hire charges to the petitioner in terms of the joint survey report dated 18.08.2010 within a period of two months from the date of receipt of a copy of this order. Subject to the above direction, the writ petition is disposed of. As a sequel to the disposal of the writ petition, W.P.M.P.No.16148 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 23rd August, 2010 GHN