IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19087 of 2003 Between: V. Venkanna S/o Narsaiah R/o Mahabubabad, Warangal District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Khammam, Khammam District. 2 The Inspector of Police, attached to APSRTC, Khammam, Khammam 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the vehicle check report dated 7-12-2002 issued by the 2nd respondent and the enquiry initiated and pending before the 1st respondent pursuant to the vehicle check report dated 7-12-2002 relating to Jeep bearing No. AP 04T.7722 as illegal, arbitrary and without jurisdiction Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: . The Court made the following: Form-NIC-OGS/WP{VEENA} THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.19087 of 2003 ORDER: It is the case of the petitioner that he is the owner of the Jeep bearing No.AP 04T-7722. It is stated that the Director General and Inspector General of Police issued a memo in RC.No.613/L&O/01, dated 18.12.2001 directing the Commissioners of Police and Superintendents of Police of the concerned Metropolitan cities to spare the services of one Inspector of Police in each District at the disposal of the Regional Manager, APSRTC to check illegal operations of private public carriers, and pursuant to the said memo, the 2nd respondent the Inspector of Police, attached to APSRTC, Khammam District inspected the vehicle of the petitioner and issued the impugned check report dated 07.12.2002. It is stated that this Court has taken a view in WP.7377/2002, dated 01.03.2003 stating that under the provisions of the Motor Vehicles Act, the APSRTC being one of the operators, cannot authorize to check the vehicles and Transport Department alone is entitled to check the illicit operations and take appropriate action under the provisions of the Motor Vehicles Act either for violation of the provisions of the Motor Vehicles Act or Rules made thereunder. It is not in dispute that this Court in W.P.7377/2002 held that the Director General & Inspector General of Police has no authority or power to issue such a memo at the behest of the Corporation, and in fact, the said memo was set aside by this Court in WP.2001/2002, dated 31.03.2003. Having regard to the facts of the case, I am of the opinion that the 2nd respondent has no power or authority while attached to APSRTC to check any private or public carrier and issue check reports, and hence the impugned check report dated 07.12.2002 is set aside. Accordingly, the Writ Petition is allowed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 09.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Regional Transport Authority, Khammam, Khammam District. 2 The Inspector of Police, attached to APSRTC, Khammam, Khammam District. 3.2CCs to 4.2CD copies