THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.175 of 2014
DATED:14.07.2014 Between:
Sri D. Prabhu Kishore, Nellore District and others.
And The Government of Andhra Pradesh, Represented by its Principal Secretary, General Administration Department, Hyderabad and others.
… Petitioners ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.175 of 2014
Order: (per Hon’ble Sri Justice Sanjay Kumar) The petitioners assail the action of the respondent- authorities in not considering the application dated 6.11.2013 submitted by them for providing efficient, adequate, economical and properly coordinated systems to protect the Andhra Pradesh State Road Transport Corporation in the light of the Motor Vehicles Act, 1988. They seek a consequential direction to the respondent- authorities to consider the said representation in the interest of the welfare of the travelling public.
In the body of the affidavit, the petitioners raised a grievance with regard to collection of toll plaza fee and bus stand development fee from the bus passengers. Admittedly, the collection of these fees is governed by the orders issued by the State Government. However, no challenge is made to the said Government orders. That apart, the petitioners do not explain how the respondent-authorities are under an obligation to consider their advice for improving the operational systems of the Andhra Pradesh State Road Transport Corporation. In the absence of such a right, this Court cannot issue a mandamus to the respondent authorities to consider or act upon the representation made by the petitioners.
The Public Interest Litigation is therefore mis-conceived and is accordingly dismissed. P.I.L.M.P. No. 254 of 2014 is also dismissed. No order as to costs.
K.J. SENGUPTA, CJ 14th July, 2014 pnb SANJAY KUMAR, J