IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE NINETH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN WRIT PETITION No.13521 of 2011 Between: R.Krishnaiah. … Petitioner And The Managing Director, APSRTC, Bus Bhavan, Musheerabad, Hyderabad and others. … Respondents Counsel for the petitioner: Sri D.Y.N.L.N.Charyulu. Counsel for the respondents: Sri K.Madhava Reddy. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in passing orders on the petitioner’s representation, payment of pending bills of Rs.66,343/- and refund of security deposit of Rs.79,000/-, as illegal and arbitrary. A perusal of the record shows that against the order terminating agreement, dated 5-4-2007, the petitioner filed Writ Petition No.28175 of 2007. The said Writ Petition was dismissed for default by order dated 14-2-2008. It is not in dispute that while terminating the agreement, the petitioner’s EMD was forfeited. With the dismissal of the said Writ Petition, the petitioner’s right to claim refund of the EMD forfeited under the termination order is lost. Unless the petitioner succeeds in getting the order in the said Writ Petition set aside and the Writ Petition is restored to file, he cannot seek refund of the EMD. As regards the claim for payment of Rs.66,343/- towards pending bills, respondent No.3 is directed to consider the petitioner’s representation and if it is found that any amount is due and payable to the petitioner under the pending bills, the same shall be paid to him within a period of two months from the date of receipt of this order. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.16388 of 2011 is disposed of as infructuous ------------------------------ -------- C.V.NAGARJUNA REDDY,J Date:09-11-2011 MNR