HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.30942 of 2011 Date :21-12-2011 Between: B. Shantan Kumar s/o. Venkata Kishan .. Petitioner And APSRTC, represented by its VC & MD, Musheerabad, Hyderabad and another .. Respondents Counsel for petitioner : Sri Jithender Rao Veeramalla Counsel for respondents: Sri Kallakuri Srinivasa Rao The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in not paying hire charges at 337.4 K.Ms. per day as per the joint survey report dated 31-12-2007 in respect of bus bearing No.AP 15Y 1251, plied on Jagtial- Dharmaram route, as illegal and arbitrary. Even though the case was adjourned on three occasions, neither a counter-affidavit is filed nor instructions are reported on behalf of the respondents. I have heard Sri Jithender Rao Veeramalla, learned counsel for the petitioner and perused the record. In pursuance of tender notification dated 6-8-2007 issued by respondent No.1, the petitioner filed his tender offering to ply his bus on Jagtial-Dharmaram route. The petitioner’s tender was accepted on hire at the rate of Rs.12.50 per K.M. and an agreement was entered into on 24-12-2007 between the petitioner and the respondents. In the agreement, the total distance for five round trips between Jagtial and Dharmaram is shown as 330 K.Ms. As there is a dispute regarding the actual distance, the petitioner made a request to respondent Nos.2 and 3 to conduct a joint survey. The petitioner pleaded that accordingly a joint survey was conducted on 31-12-2007 and as per the said joint survey report, the distance between Jagtial and Dharmaram was found to be 67.48 K.Ms. and for five round trips, the total distance per day was arrived at 337.4 K.Ms. The grievance of the petitioner is that inspite of his making representations on 24-11-2008, 13-5-2009, 12-11-2010 and 17-5-2011, the respondents have not paid the differential hire charges on the basis of the joint survey report. The petitioner also pleaded that his plea that the actual distance between Jagtial and Dharmaram is 337.4 K.Ms. stands fortified by notification dated 8/9-12-2010 issued by the office of the Executive Director, Karimnagar zone, calling for fresh tenders for plying on Jagtial-Dharmaram via Gollapalli, route. A perusal of the joint survey report referred to above clearly shows that the total distance between Jagtial and Dharmaram for five round trips is 337.4 K.Ms. The proceedings dated 28-12-2010 of the Executive Director, Karimnagar zone, referred to notification dated 8/9-12-2010. With reference to the said tender notification, proceedings dated 28-12-2010 was issued by the Executive Director in favour of one K. Kishan, accepting his offer to ply his bus from Jagtial to Dharmaram via Gollapalli and the total distance is shown as 337 K.Ms. From the above material, the authenticity of which is not controverted by the respondents, this Court is of the opinion that the petitioner is entitled for payment of hire charges at least for 337 K.Ms. per day. Accordingly, the Writ Petition is allowed with the direction to the respondents to pay the differential hire charges treating the total distance plied by the petitioner’s bus per day as 337 K.Ms. Such payment shall be made to the petitioner within a period of one month from the date of receipt of this order. As a sequel, WPMP No.38370/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 21-12-2011 AM