IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15921 of 2007 Between: K. Guruvappa … Petitioner AND The APSRTC, rep., by its Managing Director, Musheerabad, Hyderabad & others. … Respondents Counsel for the petitioner : Sri V. Raghu Counsel for the respondents: Smt. W.V.S. Rajeshwari This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15921 of 2007 ORDER:- This writ petition is filed for a writ of Mandamus to declare the action of the respondents in not paying the hire charges for the excess kilometers run by the petitioner’s vehicle, as illegal and arbitrary. The petitioner’s stage carriage vehicle bearing registration No. AP 03 U 3429 was hired by him to the respondents under an agreement entered into on 20.04.2000 for the period up to 17.04.2003 and by subsequent agreements under which the vehicle was plied up to 31.03.2007. The grievance of the petitioner is that as against the distance of 344 kilometers shown in the agreement, his vehicle was run for 5 kilometers excess over the scheduled kilometers and despite the same, no payment is being made in respect of the extra distance. The petitioner relied on letter dated 07.04.2007 issued by the office of the Regional Manager, Tirupati to the Depot Manager, Puttur, wherein the Regional Manager requested the Depot Manager to carry out the survey in terms of circular dated 05.03.2001 on the route Puttur – Chittoor via K.Nagaram and Pallipattu and to rework out the distance. Since no action in that regard has been taken, the present writ petition is filed. Smt. W.V.S. Rajeshwari, learned Standing Counsel for the respondents submitted that the respondents are willing to conduct the survey and if it is found that the petitioner’s bus was plied for extra distance, payment will be made. Having regard to the abovementioned submission of the learned Standing counsel, the writ petition is disposed of. Respondent Nos.2 and 3 are directed to initiate immediate steps to conduct a joint survey by allowing the petitioner to participate in the said survey and pay extra hire charges in the event the petitioner’s bus was found having plied for any distance in excess of the distance stipulated in the agreement. They shall complete this exercise within a period of six weeks from the date of receipt of a copy of this order. As a sequel to disposal of the writ petition, WPMP.No.20193 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 18.04.2008 ES