IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8418 of 2009 Between: K. Koteswara Rao S/o. Seetharamaiah R/o. Narasaraopet, Guntur District. ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation, rep. by its Chief Traffic Manager, O/o. The Vice Chairman & Managing Director, Operations (PLG) Department, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Ongole, Prakasam District. 3 Depot Manager, APSRTC, Chirala, Prakasam District. .....RESPONDENTS Counsel for the Petitioner:MR.E.MARUTHI RAJA Counsel for the Respondents:MR.C.PRAKASH REDDY(SC FOR APSRTC) ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in not paying differential hire charges to the petitioner in respect of Bus bearing registration No.AP7 U 8181 plied on the route Chirala to Narasaraopet during the period from 26.03.2001 to 30.06.2002, as arbitrary and illegal. The facts in the case are not in dispute. The petitioner, who gave on hire the above said bus of the respondents’ Corporation for plying between Chirala and Narasaraopet, laid a claim for payment of hire charges due on account of ascertainment of correct distance between the above mentioned places. Initially, the route length was estimated at 322 kilometers, which was found to be incorrect and on re-survey, the actual distance was found as 335 kilometers. The fact that the petitioner is entitled to payment of shortfall in hire charges at Rs.46,149.50 ps. for the period, during which, he plied the bus, is not in dispute. But the only ground on which he was denied the said payment was that his claim was time-barred. In my considered view, being a statutory Corporation, it cannot be permitted to raise this specious plea of limitation for payment of the amount, which is found admittedly due to the petitioner in view of rectification of distance of the route, which was earlier wrongly estimated at 322 kilometers. The petitioner cannot be denied payment of the said amount on account of wrong assessment of the distance made at the relevant time. Therefore, the respondents are directed to forthwith pay the sum of Rs.46,149.50 ps. to the petitioner towards differential hire charges. With the above direction, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.11017 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 3rd JUNE, 2009. kvni