THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4475 of 2003 DATED: 07.09.2009 Between: Visakha District Rural Passengers Association. …Petitioner and The Superintendent of Police, Visakhapatnam, And others. …Respondents. THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4475 of 2003 ORDER: The petitioner is an association statedly espousing the cause of rural passengers of Visakhapatnam rural area. The said association filed the instant writ petition seeking a direction to the third respondent to implement the memo dated 29.01.2003 issued by the second respondent. State Transport Authority (STA), Hyderabad, passed a resolution vide R.No.16856/R1/2002 prohibiting operation of three wheeled contract carriages on all National Highways excluding Municipal and Gram Panchayat limits in Andhra Pradesh. The said resolution was passed in exercise of powers conferred under Rule 397 of the Andhra Pradesh Motor Vehicles Rules, 1989, read with Section 115 of the Motor Vehicles Act, 1988. The said resolution was communicated by the second respondent on 29.01.2003 to the subordinate Officers requesting to take necessary action. It is the case of the petitioner that in spite of the resolution of STA and the orders of the second respondent, the third respondent has not taken any action, and as a result, the three wheeled vehicles are plying on the National Highways resulting in accidents. The third respondent filed counter affidavit on 27.04.2007 stating that on receipt of the proceedings of the second respondent, his Office is implementing the proceedings. He has also given the number of cases booked in 2003, 2004, 2005 and 2006, and the compounding fee collected from the various owners of 3 wheelers. The petitioner has not filed any reply affidavit. The matter was heard on 24.08.2009. This Court directed the learned Assistant Government Pleader for Transport to place before this Court the latest particulars of the cases booked by the third respondent. In obedience thereto, the learned Assistant Government Pleader has placed before this Court the letter addressed by the third respondent to the Government Pleader on 25.08.2009 giving the particulars. As per the said letter, the details of the cases booked against three wheeled contractors is as follows. Details of cases booked against 3 Wheeled Contract Carriages from 2006 to 24/8/2009 Sl.No Year No.of Cases booked No.of Vehicles Seized Compounding fee collected 1 01/01/2006 to 31/12/2006 475 23 332500 2 01/01/2007 to 31/12/2007 594 45 525000 3 01/01/2008 to 31/12/2008 977 56 683900 4 01/01/2009 to 24/08/2009 387 41 270900 A perusal of the counter affidavit as well as the communication dated 25.08.2009 of the third respondent to the Government Pleader would show that year after year the number of cases booked against three wheeled contract carriages plying in contravention of the resolution of STA is on increase. By no stretch of imagination it can be said that there is inaction on the part of the third respondent. This Court holds that the circular issued by the STA is being implemented by the third respondent and appropriate compounding fee is also collected. If the petitioner has any grievance, it may approach the second respondent in this regard. The Writ Petition, with the above observation, is accordingly dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 07.09.2009 vs