IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 12207 of 2005 Between: Shaik Mastan Shariff, S/o Mahaboob, Muslim, R/o D.No. 4-15/1/B, Old Library Street, Kanigiri Town and Mandal, Prakasam District. ..... PETITIONER AND 1 The Regional Manager, A.P. State Road Transport Corporation, Ongole, Prakasam District. 2 The Divisional Manager, A.P. State Road Transport Corporation, Markapur, Prakasam District. 3 The Depot Manager, A.P. State Road Transport Corporation, Kanigiri Depot, Kanigiri, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not allowing the buses of Kanigiri Depot to stop and start from Kanigiri Bus Station or in not terminating the license granted to the petitioner to run soda and cool drink shop at Kanigiri Bus Station as illegal, unjust, arbitrary, discriminatory, highhanded, motivated besides being dishonest and deceitful and against Article 19(1) (g) of the Constitution of India and also against the principle of promissory estoppel and consequently direct the respondents either to allow the buses of Kanigiri depot to stop and start from Kanigiri Bus Station or to terminate the licence granted to the petitioner to run the soda and cool drinks shop at Kanigiri bus Station and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondent No.: MR.R.MANMADHA REDDY The Court made the following : ORDER: The petitioner was allotted soda and cool drink shop in the premises of Kanigiri Bus Stand, on expiry of the licence of the existing licensee. The said licence was granted to the petitioner on 19.11.2004 for a period of 01.11.2004 to 31.10.2010. It is the case of the petitioner that after obtaining licence for running the soda and cool drink shop on payment of Rs.15,700/- per month, the respondent started to stop the buses coming to Kanigiri Bus Station and the buses were directed to be stopped at Pamur Cross Road Bus Stop, where there is a shelter, and only a few buses are allowed to stop at Kanigiri, and by reason of the said action of the respondents, the petitioner is sustaining heavy losses and unable to pay the licence fee. Therefore, the petitioner seeks to issue a Writ of Mandamus directing the respondents either to terminate his licence or to take steps to stop all the buses at Kanigiri Bus-stand, so as to enable him to carry on business. Heard the learned counsel for the petitioner and perused the material available on record. The terms and conditions of the licence granted in favour of the petitioner would go to show that no such assurance has been given to the petitioner stating that the same number of buses will be stopped at Kanigiri Bus-stand and that there will not be any deviation of route. In the absence of such kind of assurance given to the petitioner with regard to the number of buses to be stopped at Kanigiri Bus-stand, it cannot be said that the terms and conditions of the licence have been violated. The prayer of the petitioner declaring the action of the respondents in not allowing the buses in Kanigiri Depot or in not terminating his licence, cannot be held as arbitrary or illegal and the same is beyond the scope of the contractual obligations among the petitioner and the respondents. Therefore, no relief can be granted to the petitioner in this writ petition. Accordingly, the Writ Petition is dismissed. No costs. __________________ (V. ESWARAIAH, J.) 16th July, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Manager, A.P. State Road Transport Corporation, Ongole, Prakasam District. 2 The Divisional Manager, A.P. State Road Transport Corporation, Markapur, Prakasam District. 3 The Depot Manager, A.P. State Road Transport Corporation, Kanigiri Depot, Kanigiri, Prakasam District. 4 2CD copies. Form-NIC-OGS/WP{VSMI}