THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.3917 of 2014
DATED:04.12.2014 Between:
Varaganti Chandrasekhar, Siddipet, Medak District.
And The State of Telangana, Represented by its Principal Secretary, Transport, Roads & Buildings Department, Hyderabad and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.3917 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
Learned Special Government Pleader appearing for the respondents fairly submits that the State does not want to file a counter affidavit. The matter may be disposed of today either way. Appreciating his submission, we dispose of this writ petition today.
The writ petition has been filed challenging the notice dated 3.2.2014, demanding payment of Rs.89,425/- for the petitioner’s vehicle bearing No. AP09 TA 8938 on the ground that it is being operated as a stage carriage. It appears that the impugned notice has been issued basing on a decision purporting to be in consonance with our earlier judgment and order dated 20.1.2014 in Writ Petition No. 873 of 2014. The learned Special Government Pleader states fairly that this decision is not in accordance with our earlier order and a fresh order will be passed following the same.
In that view of the matter, we set aside the impugned notice and direct that a fresh order be passed in this matter in accordance with the directions given by us in the earlier order within a fortnight from the date of communication of this order. It would be ideal if any officer other than one who passed the impugned order and is vested with the power, should deal with the matter afresh. We have passed this order taking note of the serious allegations made against the present Officer. We direct further that if any amount is collected by the Government, the same will abide by the result of the fresh decision so to be taken.
The writ petition is accordingly allowed.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 4th December, 2014 Pnb SANJAY KUMAR, J