JANARDHANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, Janardhana Rao, has filed this writ petition praying for the issue of a Writ in the nature of Mandamus or any other appropriate Writ or direction, directing the two respondents to forbear from proceeding further in pursuance of their proceedings in G.O. Ms. No. 822 dated 29-4-1963 (Home Transport-III) and the consequential Notification in R. No. 7245-A2-62 dated 7-5-1963. There are two respondents in this case. The first respondent is the State of Andhra Pradesh. The Second respondent is the Regional Transport Authority, Sirkakulam. Both are represented by the learned Government Pleader.

(2.) The G.O. runs as follows:- "The Planning and Development wing in the State Transport Authoritys office conducted the survey of the traffic in Srikakulam Dist. at some important places on the route Nivatgam to Vizianagaram vis Srikakulam, Nathavalasa and Denkada and considered the need for opening of new route from Nivagam to Visianagaram via. Srikakulam Nathavalasa and Denkada with two buses on from either end and for the grant of two stage carriage permits in respect of two buses on the above route basis on the statistics gathered during the course of the survey and also for the reasons that there are no direct bus transport facilities connecting the two places. (2) The Government have examined the proposal with reference to the matters set forth in Section 47(1) of the Motor Vehicles Act, 1939 and are satisfied with the need .....

(3.) Therefore, in exercise of the powers conferred by Section 43-A Madras Amendment of the Motor Vehicles Act 1939 (Central Act IV of 1939) the Governor of Andhra Pradesh hereby directs the Regional Transport Authority, Srikakulam to call for applications and place them before the Regional Transport Authority after following the usual procedure under the Motor Vehicles Act, 1939 for opening of new route from Nivagam to Vizianagaram via Srikakulam, Nathavalasa and Denkada with two buses one from either end and for the grant of two stage carriage permits thereon. The Regional Transport Authority, Visakhapatnam should also grant endorsements on the permits granted in respect of two buses on the route in question, for the portion of the route lying in its area." (3) The Notification by the Regional Transport Authority, Srikakulam dated 7-5-1963 runs as follows:-