IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.873 OF 2014 DATED:20.1.2014 Between:
Varaganti Chandrasekhar … Petitioner And The Transport Commissioner Transport Bhavan Khairathabad Hyderabad and another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.873 OF 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) In terms of the order dt.17.1.2014, the second respondent, namely, Regional Transport Officer, Siddipet, Medak District, is personally present in Court. Though the appearance was required at 2.00 p.m. today, as the Officer is present and both the learned counsel for the parties are also present we have taken up the matter as per the list before 2.00 p.m. The personal appearance of the officer is dispensed with.
After hearing the learned counsel for the parties, we dispose of the writ petition in the manner as follows:
We are of the view that at this stage we cannot interfere with the issuance of the show cause notice which is under challenge as it is not the case of the petitioner that the said authority has no jurisdiction to issue the show cause notice. However, the writ petitioner has adequate explanation to the said show cause notice and a representation to that effect has already been made.
We therefore direct the second respondent to consider the petitioner’s representation giving personal hearing to the petitioner and then pass a speaking order. We are told that the application for granting permit is still pending. Therefore, both the issues should be decided by the Regional Transport Authority in accordance with law. The entire exercise shall be completed within a period of four weeks from the date of communication of this order. We record that we have not decided on the merit of the case. Independent decision has to be taken by the second respondent.
The writ petition is accordingly disposed of. There will be no order as to costs.
Consequently, W.P.M.P. No.954 of 2014 filed by the petitioner for interim relief, shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 20.1.2014 bnr