IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25928 of 2008 Between: R. Venkat Rao, S/o. R. Malla Rao, Occ: Ex-Authorised Ticket Booking Agent, Area-D, R/o. Plot No.40, HIG Phase -IV, Vanasthalipuram, Ranga Reddy District. ..... PETITIONER AND 1 The Vice Chairman and Managing Director, A.P.S.R.T.C., Mushirabad, Hyderabad. 2 The Executive Director, APSRTC, Mahatma Gandhi Bus Station (MGBS), Hyderabad. 3 The Regional Manager, APSRTC, Ranga Reddy Region, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of respondents in releasing the Security Deposit, Earnest Money Deposit and Bank Grantee to the petitioner duly collecting the due amount of Rs.26,386/- as arbitrary, illegal, violation of principles of natural justice and consequently direct the respondents to release the Security Deposit, Earnest Money Deposit and Bank guarantee with interest at the rate of 24% p.a. Counsel for the Petitioner: MR.K.VENKATESWARLU Counsel for the Respondents: MR. K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25928 OF 2008 ORDER: It is the case of the petitioner that in the year 1998, he had entered into an agreement with the respondent Corporation to run ticket booking agency in Area-D of Hyderabad and Secunderabad, and, after furnishing an irrevocable bank guarantee for a sum of Rs.3,00,000/-, and Rs.1,00,000/- towards earnest money deposit and also Rs.2,00,000/- towards security deposit, he was permitted to start the business. He incurred heavy expenditure for establishing booking offices in various places with equipment like telephones, computers with internet facility, sign boards etc. as well as marketing, telephone charges and other expenditure, which exceeded the commission that is received from the Corporation. In view of the same and in view of certain domestic reasons, he stopped running the agency from 26.07.2000, but however could not remit an amount of Rs.26,386/-, the collection amount of two days, to the Corporation. When a notice was issued by the Assistant Traffic Manager, Imliban Bus Station, he explained the facts and circumstances to him and also personally met the 1st respondent- Vice Chairman and Managing Director of the Corporation, who considered the matter and ordered for release of the security deposit, earnest money deposit and bank guarantee, by deducting the due amount of Rs.26,386/- with penal interest. It is the grievance of the petitioner that though the 1st respondent has agreed to release the aforesaid amounts, no amounts have been released till date, and there is no response from the respondents, in spite of his several representations including the latest representation dated 26.12.2007 submitted to the 2nd respondent- Executive Director, A.P.S.R.T.C, Mahatma Gandhi Bus Station, Hyderabad. In the facts and circumstances of the case, without expressing any opinion on merits, the 2nd respondent is directed to consider the representation purported to have been submitted by the petitioner on 26.12.2007 and pass appropriate orders as per law, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. With the above directions, the writ petition is disposed of. No order as to costs. __________________ JUSTICE C.V. RAMULU 27th November, 2008 IBL