IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No. 8201 of 2002 Date: 13.11.2014 Between:
B. Mahaboob Basha … Petitioner And Regional Transport Officer, Cuddapah.
… Respondent This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
WRIT PETITION No. 8201 of 2002
ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Despite service of notice none appears for the respondents. We take up this matter for hearing as it pertains to 2002 year.
By this writ petition the petitioner has challenged the demand notice dated 27.03.2000 issued by the respondent.
Pursuant to the said demand notice, the petitioner submitted his explanation giving details, but the same was not considered nor disposed of and so to say the impugned order is a non-speaking order. During the pendency of the writ petition, a larger Bench of this Court has decided similar writ petition.
We are of the view that this impugned order cannot stand and the same is accordingly set aside. We direct the respondent to consider the matter afresh taking note of the explanation of the petitioner and also the decision of the larger Bench and pass a speaking order after dealing with the objections raised by the petitioner within a period of eight weeks from the date of communication of this order. The payment made in terms of our order shall abide by the result of the decision to be taken by the respondent.
The writ petition is accordingly allowed.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ M.S. RAMACHANDRA RAO, J
Date: 13.11.2014 ES