Y. Swaroopa Rani v. A. P. State Road Transport Corporation
2020-09-14
BATTU DEVANAND
body2020
DigiLaw.ai
JUDGMENT Battu Devanand, J. - This Writ Petition is filed, under Article 226 of the Constitution of India, with the following relief: "Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings of the 2nd respondent proceedings No.01/E5/259(21)2016-RM(T) dated 04.09.2020, in not considering the request of the petitioner for issuance of Clearance Certificate in respect of the petitioner's Bus bearing Registration No.AP 04 TX 2846 as highly arbitrary, illegal and contrary to law and consequently direct the respondents herein to issue Clearance Certificate in respect of the said bus by accepting the undertaking furnished by the petitioner forthwith in the interest of justice and to pass such other order or orders and may deem fit and proper in the circumstances of the case." 2. The case of the petitioner is that he is registered owner of the Bus bearing No.AP 04 TX 2846, 2016 model and the said bus was given on hire to the respondent corporation through an agreement for a period of four years from 30.03.2016 to 29.03.2020 initially. While so, the petitioner made a representation on 27.05.2020 for issuance of clearance certificate for changing the ownership and also to effect some repairs of said hire bus. The 2nd respondent, instead of issuance of clearance certificate, issued proceedings No.01/E5/02/259(21)2016-RM(T) dated 04.09.2020, insisting him to submit indemnity bond against the accident occurred on 23.11.2017, to take further action on his request, even though the hire bus is covered by Valid Insurance Certificate issued by National Insurance Company Limited under Policy No.560500311710008477 valid from 04.03.2018 to 03.03.2019 as per the Circular No.P9/259(55)/2007-OPD(P) dated 31.05.2007 issued by the respondent corporation. 3. Sri E.Maruthi Raja, learned counsel for the petitioner submits that in similar set of circumstances, this Court, disposed of W.P.No.12960 of 2020 dated 04.08.2020 by following the earlier W.P.No.17408 of 2019 dated 06.11.2019. 4. Sri N.Srihari, learned Standing Counsel for APSRTC Rayalaseema and Andhra Region appearing for respondents, has not disputed the same. 5.
3. Sri E.Maruthi Raja, learned counsel for the petitioner submits that in similar set of circumstances, this Court, disposed of W.P.No.12960 of 2020 dated 04.08.2020 by following the earlier W.P.No.17408 of 2019 dated 06.11.2019. 4. Sri N.Srihari, learned Standing Counsel for APSRTC Rayalaseema and Andhra Region appearing for respondents, has not disputed the same. 5. Following the above said order, and for the reasons recorded therein, there shall be the following similar order in this case also: "Having regard to the submissions made by both the counsel, the 2nd respondent is hereby directed to issue No Objection Certificate in favour of the petitioner in respect of the bus bearing No. AP 04 TX 2846 on his furnishing an undertaking in favour of the respondent-corporation, to make good the Corporation from its claim of non-liability, within two (2) weeks from the date of receipt of a copy of this order". 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.