Partly allowed

Pohtula Bala Obula Reddy, Kadapa,a.P.,and 7 Otrs. v. the State of Tg.,Transport,Hyd.,and 9 Otrs.

Telangana HC12 Nov 2025WP/9259/2015

Case brief

AI extract

What is this about?

Batch writ petitions by bus operators challenged double collection of quarterly motor vehicle tax by Telangana and Andhra Pradesh after bifurcation despite G.O.Ms.No.43 deeming payment to one successor State valid for both till 31.03.2015, and challenged G.O.Ms.No.15 levying tax from 01.04.2015. The Court held re-collection till 31.03.2015 illegal but upheld G.O.Ms.No.15.

What did the court decide?

Writ petitions of 2014 allowed; respondents prohibited from collecting quarterly tax already paid up to 31.03.2015, deemed paid for both States. Writ petitions of 2015 challenging G.O.Ms.No.15 dismiss

Pohtula Bala Obula Reddy, Kadapa,a.P.,and 7 Otrs. Vs the State of Tg.,Transport,Hyd.,and 9 Otrs. — Telangana HC (2025) — LawSathi Research

¶1

|³⁴⁴⁷ l

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND

¶7

THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA

¶8

WRIT PETITION NOS: 21257 OF 2014 92s9 9421 AND 9666 0F 2015 21448 22330 22335 22341 23073 23075 23076 23083 24613 24797 28145 29713 AND 34340 0F 20',14

¶9

W.P.No.21257 of 2014

¶10

Between:

¶11

Tirumala Cabs, Rep. by IV. Sunil Kumar, S/o. M. Devender Reddy, Aged about 37 years, Ri./o. 32014, A.V. Road, Kalasapalyam, Bangalore Karanataka State.

¶12

...PETITIONER

¶13

AND

¶14

1 . The State of Telangana, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶15

The State of Andhra Pradesh, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶16

3, The Transport Commissioner, State of Telangana, Hyderabad.

¶17

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶18

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶19

The Transport Department Check Post, Zaheerabad, Telangana State.

¶20

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶21

The Transport Department Check Post, Kurnool, Andhra Pradesh State.

¶22

.....RESPONDENTS

¶23

Petition Under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High^{Courtmay be} pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of Mandamus declaring the action of the Bth respondent in once again collecting the quarterly tax for the^quarter ending 01.07.2014 to 30.09.2014 from the petitioner in respect of the All lndia Tourist Vehicles bearing Registration Nos. OD 21lA 0880, AP 28/TA 8203, KA 01/AB 3953 and KA 01/AB 4978 and the action of the Sth respondent demanding the^quarterly tax once again for the quarter ending 01 .O7 2014 to 30.09.2014 in respect of the petitioner All lndia Tourist Vehicles bearing Registration Nos. KA 01/AB 3952, AP 28lTA 8202, AP 23lY 6619 and OD 21lA 0875 by issuing check reports as illegal and void and contrary to the G O.t\zls No. 43, dt. 01.06.2014 and Section 10'l of the Andhra Pradesh Reorganization AcI, 2014 and direct the respondents not to collect or insist upon the petitioner to pay the^quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA 0liAB 3952, KA 01/AB 3953, KA O1IAB 5833, KA O1/AB 7536, KA 01 /AB 5878, KA 01 / AB 6184, KA OIiAB 4978, AP 281T48202, AP z3fiA 8203, AP 23lY 6619, OD21 lA 0880, OD 21lA 0879, OD 21 I A 2706 and OD 21lA 2707 if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03.2015 and direct the respondents 2 and 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .1O.2014 to 31 .12.2014 in respect of the Ali lndia Tourist Vehicles bearing Registration Nos. OD 21lA 0880, AP 28/TA 8203, KA 01/AB 3953 and KA 01/AB 4978

¶24

|.A.NO:4 OF 2014^(WPMP. NO: 26656 OF 2014

¶25

Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the petitioner All lndia Tourist Vehicles bearing Registration Nos. KA 01/AB 3952, KA 01/AB 3953, KA 01/AB 5833, KA 01/AB 7536, KA 01 /AB 5878, KA 01 /AB 6.184, KA 01/AB 4978, Ap 28tTA8202, Ap 28fiA8203, Ap 23ly 6619, OD 21 /A 0880, OD 21tA 0879, OD 21 t A2706 and

¶26

-3

¶27

OD 21lA 2707 it the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03 2015 pending disposal of the writ petition.

¶28

I.A.NO:5 OF 2014^(WPMP .NO: 26657 OF 2014)

¶29

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2014 to 31 .12.2014 in respect of the All lndia Tourist Vehicles bearing Registration Nos. OD 21lA 0880, AP 28lTA 8203, KA 01/AB 3953 and KA 01lAB 4978 pending disposal of the writ petition.

¶30

l.A.NO:6 OF 2014(WPMP. NO: 42608 OF 2014)

¶31

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file this as additional reply affidavit in the writ petition. Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶32

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶33

W.P-NO: 9259 OF 2015

¶34

Between:

¶35

Pohtula Bala Obula Reddy, Kadapa, A.P., Occ ; Bus Owner, Fl/o. H.No.201908, Cooperative Colony, Kadapa, Andhra Pradesh State Vehicle R. No.AP04Y88 29, AP O 4Y 927 S.

¶36

Pothula Bhaskar Reddy, S/o. Sri Pohtula Bala Obula Reddy, Occ Bus Owner, Rl/o. D.No.2-357-4, Society Colony, Madanapalli, Chittoor District, Andhra Pradesh State. Vehicle R.No.APO3XB109, AP03X8019, AP03X6579

¶37

Ir,ills. Anshul Travels, Rep: by its Manager Partner, Smt. E.Varsha, Wio. Naveen Kumar, Fl/o. Shop.No.3, Osman Towners, Beside RTC Complex, Vizianagaram, Vizianagaram District, Andhra Pradesh State. Vehicle R.No.AP35V5555, AP35U5555.

¶38

Chalamala Venkateswara Rao, S/o. Raghavaiah, Occ Bus Owner, Fl/o. D.No.65-2-4, Sivalayarn Veedhi, Patamata, Vijayawada Urban, Vijayawada, Krishna District. Andhra Pradesh State. Vehicle R.No.AP16TW5225.

¶39

Chalamala Siva Sankar, S/o. Venkateswara Rao, Occ Bus Owner,^Rl/o. D.No.65-2-4lA, Sivalayam Veedhi, Patamata, Vijayawada, Krishna District, Andhra Pradesh State. Vehicle R.No.APl6TX3004.

¶40

¶41

KMBT Bus Travels,, Kaladhar Rao, Aged 60^years, Hindu, Occ Bus Owner, R/o. D.No 33-1-29, Addanki Bus Stand, Ongole, Hyderabad District, Andhra Pradesh State. Vehicle R. No.AP27TU 5656, AP27T U57 57^.

¶42

K.Jayasree, Wio. Sri KSR Swamy, Occ Bus Owner, Rl/o. D.No.3-21-14, 2nd Line, Ravindra Nagar, Guntur, Guntur District, Andhra Pradesh State. Vehicle R.No.AP07TC1499.

¶43

S.Siva Sambagiri Rao, S/o. Suryanarayana, Occ Bus Owner,^Rl/o. D.No.3-34, Etukuru Post, Guntur, Guntur District, Andhra Pradesh State. Vehicle R.No.AP7TB8877, AP7TBB66

¶44

....PETITIONERS

¶45

AND

¶46

'1 . The State of T.G., Transport, Hyd., Rep by its Principal Secretary, Transport, Roads and Buildings(TR-1 ) Department, Secretariat, Hyderabad.

¶47

The Transport Commissioner, State of Telangana, Hyderabad.

¶48

The Deputy Transport Commissioner and, Secretary, Regional Transport Authority, Attapur, Ranga Reddy District, State of Telangana.

¶49

The Motor Vehicles lnspector, Transport Department Check Post, Alampur, Mahabubnagar District, Telangana State.

¶50

The Motor Vehicles lnspector, Transport, Department Check Post, Kodada, Nalgonda District, Telangana State.

¶51

The Motor Vehicles lnspector, Transport, Department Check Post, Wadapally, Nalgonda District, Telangana State.

¶52

The State of Andhra Pradesh., Rep by its Principal Secretary, Transport, Roads and Buildings(TR-l) Department, Secretariat, Hyderabad.

¶53

Union of lndia, Rep by its Secretary, Ministry of Road, Transport and Highways, Transport Bhavan, Parliament Street, New Delhi 110001 .

¶54

The National Highways Authority of lndia, Rep by its Chairman, G5 and 6, Sector 10, Dwaraka, New Delhi - 110075.

¶55

The Transport Commissioner', State, of Andhra Pradesh, Hyderabad.

¶56

.....RESPONDENTS

¶57

Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of fMandamus, declaring the G.O.Ms.No.15, Transport, Roads and Buildings(Tr.l) Department, dated- 30.03.2015 issued by the 1st respondent as illegal and void and that the state of relangana is not entifled to levy and collect Motor Vehicles Tax w.e.f., 01.04,201s onwards in respect of the petitioners Statewide contract carriage Vehicles as mentioned in the cause tifle so long as

¶58

---os -

¶59

Hyderabad Continues to be the common capital of the State of Andhra^pradesh and the State of Telangana as per Sec. 5 of the Andhra Pradesh Re-Organization Act,2014.

¶60

|.A.NO:1 OF 2015^(WPMP NO: 12194 OF 2015)

¶61

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the G.O.MS. No. 15, Transport, Roads & Buildings (Tr.l) Department, dated 30-03-2015 and the notification thereunder, issued by the 1st respondent, pending disposal of the main writ petition.

¶62

Counsel for the Petitioners : SRI RAJANIKANTH JWALA

¶63

Counsel for the Respondent Nos.l to 7 : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL (TG)

¶64

Counsel for the Respondent No.8 : SRI N.BHUJANGA RAO, DEPUry SOLICITOR GENERAL OF INDIA

¶65

Counsel for the Respondent No.9 : SRI S.S.VARMA (SC FOR NHAI)

¶66

W.P.NO: 9421 OF 2015

¶67

Between:

¶68

Vallabhaneni Nagaraj Kumar Chowdary, Guntur Dist, S/o. Satyanarayana, Aged about 40 years, Hindu, Occ Bus Owner, Rio. D.No.69-'16-2, TN Club Road, Nandulapet, Tenali, Guntur District, Andhra Pradesh State. Vehicle R.No. K109Y3353, K109Y3343.

¶69

Tirumalakonda Lakshmi Narayana, S/o. Sivaiah, Aged 3'1 years, Hindu, Occ Bus Owner, Ryo. H.No.61-2-117 , Main Road, Ramalingeswara Nagar, Vijayawada Urban, Vijayawada, Krishna District. Vehicle R.No.AP04TT4879.

¶70

Vallabhaneni Nagaraju Kumar Chowdary, S/o- Satyayanarayana, Aged 40 years, Hindu, Occ Bus Owner, Ryo. D.No.6-186/1, Prathibha School, Prasadanipadu, Vijayawada Rural, Krishna District, Andhra Pradesh State. Vehicle R.No.AP1 11TV5006.

¶71

Guvapalli Venkata Subrahmanya Babi, S/o- Ramanadham, Aged 42 years, Hindu, Occ Bus Owner, Fl/o. D.No.6-'104, Vivekananda Concept School Road, SER Centre, Prasadambadu, Vijayawada Rural, Krishna District, Andhra Pradesh State. Vehicle R.No.AP16TG3233, AP1 6TG2545.

¶72

--b

¶73

Chillineni Sarnbasiva Rao, S/o. Subbal Rao, Aged 39^years, Hindu, Occ Bus Owner, Rio. D.No.69-16-2, TN Club Road, Nandulapeta, Tenali, GunturDistrict, Andhra Pradesh State. Vehicle R.No.APO7TC7555, APO7TC778B.

¶74

.....PETITIONERS

¶75

AND

¶76

Prl. Secretary, Transport, R and B (Tr-l) Dept., Hyd, Rep by its Principal Secretary, Transport, Roads and Buildings(TR-l) Department, Secretariat, Hyderabad.

¶77

The Transport Commissioner, State of Telangana, Hyderabad.

¶78

The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Attapur, Ranga Reddy District, State of Telangana.

¶79

The tVotor Vehicles lnspector, Transport Department Check Post, Alampur, Mahabubnagar District, Telangana State.

¶80

The Motor Vehicles lnspector, Transport Department Check Post, Kodada, Nalgonda District, Telangana State.

¶81

The Motor Vehicles lnspector, Transport Department Check Post, Wadapally, Nalgonda District, Telangana State.

¶82

The State of Andhra Pradesh, Rep by its Principal Secretary, Transport, Roads and Buildings(TR-l) Department, Secretariat, Hyderabad.

¶83

B. Union of lndia, Rep by its Secretary, Ministry of Road, Transport and Highways, Transport Bhavan, 1 Parliament Street, New Delhi 110001 .

¶84

The National Highways Authority of lndia, Rep by its Chairman, G5 and 6, Sector I 0, Dwaraka, New Delhi - 1 10075.

¶85

10.The Transport Commissioner, State of Andhra Pradesh, Hyderabad.

¶86

.....RESPONDENTS

¶87

Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the G.O.Ms.No.15, Transport, Roads and Buildings(Tr.l) Department, dated- 30.03.2015 issued by the 1st respondent as illegal and void and that the state of relangana is not entifled to levy and, collect Motor vehicles Tax w.e.f., 01 .04.201s onwards in respect of the petitioners statewide contract carriage vehicles as mentioned in the cause tifle so long as Hyderabad continues to be the common capital of the state of Andhra pradesh

¶88

--1

¶89

and the State of Telangana as per Sec. 5 of the Andhra Pradesh Re-Organization Acl,2O14.

¶90

l.A.NO:1 OF 2015 (WPMP.NO:12405 OF 2015)

¶91

Petition Under Section^'1 5'1 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to suspend the operation of the G.O.Ms.No.^'1 5, Transport, Roads & Buildings(Tr.l) Department, dated 30.03.20'1 5 and the notification thereunder, issued by the lst respondent, pending disposal of the main writ petition.

¶92

Counsel for the Petitioners : SRI RAJANIKANTH JWALA

¶93

Counsel for the Respondent Nos.1 to 7 & 10 : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL (TG)

¶94

Counsel for the Respondent No.8 : SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

¶95

Counsel for the Respondent No.9 : SRI S.S.VARMA (SC FOR NHAI)

¶96

W.P.NO: 9666 OF 2015

¶97

Between:

¶98

Ir4/s. Diwakar Road Lines, Ananthapur Dist, Rep by J.C.Uma Reddy, W/o. J.C. Prabhakar Reddy, Aged 50 years, Hindu, Rl/o. 15-3'l 1 , Sanjeeva Nagar, Tadipatri, Ananthapur District, Andhra Pradesh State. Vehicle R.Nos.AP2TB39'15, AP02T83231, APO2TB3213 AP02T83951

¶99

Mangalapudi Sridhar Reddy, S/o. Sekhar Reddy, Aged 51 years, Hindu, Occ Business, Fl/o. D.No.24-1 1/1463, Old tt/ilitary Colony, A.K.Nagar, Nellore Rural, Nellore, SPSR Nellore District, Andhra Pradesh State. Vehicle R.Nos.AP26TC9677, A126rC9479, AP26TC9480 AP26TC94B1

¶100

Challa Radhaiah, S/o.Narasimhulu, Aged 55 years, Hindu, Occ Bus Owner, Rl/o. Salmanpuram, Penuballi, Buchhireddypalem, SPSR Nellore District, Andhra Pradesh Stale. Vehicle R.Nos.AP26TC9430, AP26IC9432, AP26TC9431, AP26TC9433.

¶101

Polam Reddy Sanath Kumar Reddy, S/o. Malta Reddy, Aged 50 years, Hindu, Occ Business, R/o. Plot.No.A3, DSR Fortunes, Masters Colony, Padarupally, Nellore Rural, Nellore, SPSR Nellore District, Andhra Pradesh State. Vehicle R.Nos.AP26TC961 0, AP26TC961 1, AP26TC9529

¶102

Konduru Janardana Reddy, S/o. Ramalinga Reddy, Aged about 55 years, Hindu, Occ Business, D.No.25-2-1 1 19, Police Colony, A.K.Nagar, Nellore Rural, SPSR Nellore District, Andhra Pradesh State. Vehicle R.Nos.AP26TC947 2, AP26f C9512, AP26TC951 1.

¶103

Bavisetty Srinivasulu Rao, S/o. Audinarayana Rao, Aged 54 years, Hindu, Occ Bus Owner, R/o. D.No.23-609, Sagilanivari Street, Fathekhanpet, Nellore

¶104

¶105

Rural, SPSR Nellore District, Andhra Pradesh State. Vehicle R.Nos AP26TCS4B3. AP26TC9439, AP26TC9438.

¶106

Kappa Raghurama Raju, S/o. Babu Raju, Aged about 52 years. Hindu, Occ Business, Fl/o D.No.24-1 2-1437, Old Military Colony, A.K.Nagar, Nellore Rural, SPSR Neilore District, Andhra Pradesh State. Vehicle R. Nos AP26TC9525, AP26TC9526, 4P26TC9527

¶107

B. Rajesh Travels, Rep: by its Proprietor K.V.Rajesh, S/o. Dattatreya, Aged about 42 years, Hindu, R/o. D.No.14-81-4, Sambhamurthy Road, Hanumanpet, Vijayawada Rural, Vijayawada, Krishna District, Andhra Pradesh State. Vehicle R.Nos AP16TD2677 , AP16TD2577 .

¶108

Komitla Services, Rep: by its Partner [Vl.Sridhar Reddy, S/o. Sekhar Reddy, Aged 51 years, Hindu, Komitla Complex, Current Office Centre, SBI Colony, Nellore Rural, Nellore, SPSR Nellore District, Andhra Pradesh State. Vehicle R.Nos.AP1 6TD0577, AP1 6TD0977.

¶109

l0.Komitla Services, Rep: by its Managing Partner, K.Satyanaryana Reddy, Sio. Sri K.Adi Reddy, Aged 71 years, Hindu, Rl/o. Komitla Complex, Opp Current Officer, GNT Road, Nellore Rural, Nellore, SPSR Nellore District, Andhra Pradesh State. Vehicle R.Nos. AP27171414. 4PO2X2358, AP02X2457, AP29V5889, KAOlAD002B, KAO1AD0032, KAOrAD0030, KAOtAD0031.

¶110

.....PETITIONERS

¶111

AND

¶112

The State of Telangana, Represented by the Principle Secretary Transport, Roads and Buildings (TR-l) Department, Secretariat. Hyderabad.

¶113

The Transport Commissioner, State of Telangana, Hyderabad.

¶114

The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Attapur, Ranga Reddy District, State of Telangana.

¶115

The Motor Vehicles lnspector, Transport Department, Check Post, Alampur, Mahabubnagar District, Telangana State.

¶116

The Motor Vehicles lnspector, Transport Department, Check Post, Kodada, Nalgonda District, Telangana State.

¶117

The Motor Vehicles lnspector, Transport Department, Check Post, Wadapally, Nalgonda District, Telangana State.

¶118

The State of Andhra Pradesh, Rep: by its Principal, Secretary, Transport, Roads and Buildings (TR-l) Department, Secretariat, Hyderabad Telangana State.

¶119

Union of lndia, Rep: by its Secretary, Ministry of Road, Transport and Highways, Transport Bhavan, 1 Parliament Street, New Delhi - 11000"1 .

¶120

The National Highways Authority of lndia, Rep by its Chairman, G5 and 6 Sector 10, Dwaraka, New Delhi -110075.

¶121

'10. The Transport Commissioner, State of Andhra pradesh, Hyderabad.

¶122

.,...RESPONDENTS

¶123

¶124

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the G.O.Ms.No.15, Transport, Roads and Buildings (Tr.1) Department, dated- 30.03.2015 issued by the respondent as illegal, and void, and that the State of Telangana is not entitled to levy and collect Motor Vehicles Tax w.e.f., 01 .04.2015 onwards in respect of the petitioners State-Wide Contract Carriage Vehicles as mentioned in the cause title so long as Hyderabad Continues to be the common capital of the State of Andhra Pradesh and the State of Telangana as per Sec.5 of the Andhra Pradesh Re-Organization Act, 2014.

¶125

l.A.NO:1 OF 2015 (wPMP. NO: 12713 OF 2015)

¶126

Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the operation of the G.O.Ms.No.15, Transport, Roads & Buildings (Tr.1) Department, dated: 30-03-2015 and the notification thereunder, issued by the^'1't respondent, pending disposal of the main writ petition.

¶127

Counsel for the Petitioners : SRI RAJANIKANTH JWALA

¶128

Counsel for the Respondent Nos.1 to 7 & 10 : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶129

Counsel for the Respondent No.8 : SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA

¶130

Counsel for the Respondent No.9 : SRI S.S.VARMA (SC FOR NHAI)

¶131

W.P.NO: 21448 OF 2014

¶132

Between:

¶133

M/s. Diwakar Road Lines,, Rep. by J.C. Uma Reddy, W/o. J.C. Prabhakar Reddy, Aged about 56 years, Cio- Nabin Kumar Amarka, Rama.chandrapur^Bazar, Jatni, Khurda, Orissa State.

¶134

.....PETITIONER

¶135

AND

¶136

1 The State of Telangana, Represented by the Principal, Secretary to Government, Transport, Roads and Buildings^(TR.l) Department,^Secretariat, Hyderabad.

¶137

--11

¶138

The State of Andhra Pradesh, Represented by the, Principal Secretary to Government, Transport, Roads and Buildings^(TR.l) Department, Secretariat, Hyderabad.

¶139

The Transport Commissioner, State of Telangana, Hyderabad.

¶140

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶141

The Transport Department, Check Post, Shapur, Ranga Reddy District, Telangana State.

¶142

The Motor Vehicle lnspector, Shadnagar, Mahabubnagar District, Telangana State.

¶143

The Motor Vehicle lnspector, Driving Testing Track, Nagole, Hyderabad. Telangana Staie.

¶144

B. The tVotor Vehicle lnspector, Nagole, RTA, Hyderabad, Telangana State.

¶145

The lvlotor Vehicle lnspector, O/o. RTA, Secunderabad, Telangana State.

¶146

1 0. The Transport Department Check Post, Penukonda Check Post, Anantapuramu District, Andhra. Pradesh State.

¶147

11.The Transport Department Check Post, Naraharipet Check Post, Chittoor District, Andhra Pradesh State.

¶148

1 2. The Transport Department Check Post, Kurnool Check Post, Andhra Pradesh State.

¶149

..,..RESPONDENTS

¶150

Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of [Vlandamus declaring the action of the 6th and 12th respondents in once again collecting the quarterly tax for the quarter ending 01.07.2014 to 30.09.2014 from the petitioner in respect of the All lndia Tourist Vehicles bearing Registration Nos. OD 21 4884,OR21|E 6399, OR21/E6579,OR21lE 6669and OR 21lE 5679 as illegal and void and contrary to the G.O.Ms. No. 43, dt. 01 .06.2014 and Section^'101 of the Andhra Pradesh Reorganisation Act, 2014 and direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. OD 21 4884, OD 21 4887, OR 05/AT 6849, OD 21 4819, OD 21 486e, OR 05/AT 6939, OR 21/E 6399, OR 21tE 6579, OR 21lE 6669, OR 21iE 5679 and oD 21 4BBs if the quarterry tax is paid to either of the Telangana or Andhra Pradesh states upto 31.03.2015 and direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter

¶151

-ll

¶152

01 .1O.2014 to 31 .12.2014 in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. OD 21 4884, OR 21lE 6399, OR 211E6579, OR 21lE 6669 and OR 21lE 5679.

¶153

f .A.NO:2 OF 2014^(WPMP.NO:2 6901 0F 2014)

¶154

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the petitioner's All lndia Tourist Vehicles bearing Registration Nos. OD 21 4884, OO 21 4887, OR 05/AT 6849, OD 21 4879, OD 21 4869, OR 05/AT 6939, OR 21lE 63S9, OR 21tE 6579, OR 21lE 6669, OR 21lE 5679 and OD 21 4885 if the quarterly tax is padi to either of the Telangana or Andhra Pradesh States upto 31 .03.2015, pending disposal of the writ petition.

¶155

|.A.NO:3 OF 2014^(WPMP. NO: 26902 OF 2014)

¶156

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2014 to 31 .12.2014 in respect of the petitioner's All lndia Tourist Vehicles bearing Registration Nos. OD 21 4884, OR 21lE 6399, OR 211 E 6579, OR 21lE 6669 and OR 21lE 5679,^pending disposal of the writ petition.

¶157

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶158

Counsel forthe Respondents: SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶159

W.P.NO:22330 OF 2014

¶160

Between:

¶161

1 Kaveri Kamakshi Travels, Rep. by M. Penchala Naidu,, S/o. M. Narasimham, Aged about 54 Years, R/ o. NeaTAPSRTC Bus-Stand, Kurnool Road, Ongole, Prakasam District AP 27 fU 6616, AP 27 fU 6646, AP 27 fU 6559, AP 27 TU 6336, AP 27 rU 6556, AP 27 IU 6266, AP 27 Y 4566, AP 27 Y 4466, AP 27 Y 4477, AP 27 Y 4447, AP 27 Y 4266, AP 27 Y 4417, AP 27 Y 4415, AP 27 Y 4416, AP 27 Y 4119, AP 27 Y 4255, AP 27 Y 4277, AP 27 Y 4114,

¶162

-lL

¶163

a. AP 27 TU 656, AP 27 V 7979, AP 27 Y 4446, AP 27 Y 4419,, AP 27 V 1377. AP 27 Y 4244. AP 27 rU 9099, AP 27 V 7799,

¶164

Kaveri Travels, Rep. by M. Penchala Naidu, S/o. M. Narasimham, Aged about 54 Years, Rt/o. Near APSRTC Bus-Stand, Kurnool Road, Ongole, Prakasam District. AP 27 Y 5566, AP 27 Y 5517, AP 27 Y 5599, AP 27 Y 5515.

¶165

Kaveri Kamakshi Travels,, Rep. by S. Ananda Rao, S/o. Roasiah, Aged about 55 Years, Rl/o. Near APSRTCoBus-Stand, Kurnool Road, Ongole, Prakasam District AP 27 TU 7759, AP 27 W 4979, AP 27 rU 7769, AP 27 rU 5677, AP 27 TU 5699, AP 27 rU il17.

¶166

Kaveri lntegrated Logistics, Rep. by M. Penchala Naidu, S/o. Narasimham, Aged about 54 Yeafs, R/o. 53-1-189, Gunadala Arul Nagar, Vijayawada, Krishna District AP 16 TC 9309.

¶167

V. Subba Rao, S/o. Pedda Subba Rao,, Rl/o. Near APSRTC Bus-Stand, Kurnool Road, Ongole, Prakasam District. AP 02 W 5859, AP 27 W 1888, AP 02 w 5949.

¶168

S. Ananda Rao, S/o. Rosaiah,, No. 4-337, Ram Kotesh Nagar, Kurnool road, Ongole, Prakasam District. AP 27 W 2333, AP 27 W 2444, AP 27 W 2266, AP 27 W 2299, AP 27 W 1122.

¶169

lt4 Penchala Naidu, S/o. M. Narasimham,, No. 11441-13-3-3 Upstairs, Maruthi Nagar, Kadapa. AP 23 Y 6677, AP 23Y 6767, AP 28 TB 9229, AP37 TA 3959, AP 28 TB 9339, AP 27 X 4299, AP 27 X 4266, AP 27 W 1444, AP 27 W 1133.

¶170

Kaveri Kamakshi Travels, Rep. by V. Subba Rao,, S/o. Pedda Subba Rao, Aged about 50 Years, Rl/o. NeaTAPSRTC Bus-Stand, Kurnool Road, Ongole, Prakasam District, AP 27 If Y59, AP 27 fT 9229, AP 27 11 7277, AP 27 fT 7229, AP 27 rr 6577, AP 27 r-t 6599, AP 27 r-f 9149, AP 27 Tr 9169, Ap 27 TI 7795, AP 27 TT 7877, AP 27 rr 7449, AP 27 TT 7377, AP 27 V 1299, AP 27 Ir 1676, AP 27 rU 1314, AP 27 Y 7717, AP 27 Y 7709, AP 27 Y 7657, AP 27 Y 7447.

¶171

AP 27 Y 7337, AP 27 Tr 9109, AP 27 Tr 9069, AP 27 Tr 9079,, Ap 27 Tr 9019, AP 27 rT 7399, AP 27 rT 7699, AP 27 Ir 7499, AP 27 11 3157, Ap 27 TT 7227, AP 27 rr 7177, AP 27 Tr 7719, AP 27 rr 7339, AP 27 TT 8969, AP 27 Y 7647, AP 27 rr 91rc, AP 27 TT 9029, AP 27 rU 5119,

¶172

9 9) It/. N/.Deepak Chowdary, S/o. M. Penchala Naidu, Aged about 30 Years, R/ o. Brindavan Nagar, Ongole, Prakasam District. AP 27 W 4949,

¶173

.....PETITIONERS

¶174

AND

¶175

The State of Telangana, Rep. by its Principal Secretary, Transport, Roads & Buildings (TR-1 ) Department, Secretariat, Hyderabad.

¶176

The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport, Roads & Buildings (TR-1) Department, Secretariat, Hyderabad.

¶177

The Transport Commissioner, State of Telangana, Hyderabad.

¶178

The Transport Department Check Post, Shapur, Ranga Reddy District.

¶179

The Transport Department Check Post, Kodada, Nalgonda District.

¶180

--t1

¶181

The Transport Department Check Post, Wadapally, Nalgonda District.

¶182

.....RESPONDENTS

¶183

Petition Under Article 226 of tle Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, in the nature of Writ of Mandamus or any other appropriate Writ, direction or order declaring the Circular Memo No. 586/TR.l(1)/20,l4, dated 28.07 .2014 Transport, Roads & Buildings (TR.t) Department, issued by the Government of Telangana as illegal and void

¶184

|.A.NO:2 OF 2014(WPMP. NO: 28013 OF 2014)

¶185

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to suspend the operation of the Circular Memo No.586/TR.l(1)12014, dated 28.O7.2014 Transport, Roads & Buildings (TR.l) Department, issued by the Government of Telangana, pending disposal of the writ petition.

¶186

l.A.NO:3 OF 2014(WPMP. NO: 28014 OF 2014)

¶187

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to levy the motor vehicle tax on the Petitioner's Vehicles bearing Registration Numbers AP 27 TU 6616, AP 27 TU 6646, AP 27 TU 6559, AP 27 rU 6566, AP 27 TU 6336, AP 27 TU 6556, Ap 27 TU 6266, Ap 27 V 7979, AP 27 Y 4566, AP 27 Y 4466, AP 27 Y 4477, Ap 27 Y 4446, Ap 27^y 4447, AP 27 Y 4266, AP 27 Y 4417, AP 27 Y 4419, AP 27 Y 4415, AP 27 Y 4416, AP 27 Y 41 19, AP 27 Y 4244, AP 27 Y 4255, AP 27 Y 4277, AP 27 Y 4114, AP 27 TU 9099, AP 27 TU 9009, AP 27 Tr 7737, AP 27 TT 7727, AP 27 V 7799, AP 27 V 1'166, AP 27 TW 1177, AP 27 V 1377 of the 1st Petitioner, AP 27 Y 5566, AP 27 Y 5517, AP 27 Y 5599, AP 27 Y 5515 of the 2nd Petitioner, AP 27 TU 7759, AP 27 W 4979, AP 27 TU 7769, AP 27 TU 5677, AP 27 TU 5699, AP 27 TU 6117 of the 3rd Petitioner, AP 16 TC 9309 of the 4th Petitioner, AP 02 W 5859, AP 27 W 1888, AP 02 W 5949 of the 5th Petitioner, AP 27 W 2333, AP 27 W 2444, AP 27 W 2266, AP 27 W 2299, AP 27 W 1'122 of the 6th Petitioner, AP 23Y 6677,

¶188

¶189

AP 23 Y 6767, AP 28 rB 9229, AP 37 TA 3959, AP 28 rB 9339, AP 27^{X 4299,} AP 27 X 4266, AP 27 W 1444, AP 27 W 1133 of the 7th Petitioner, AP 27 ff 9159, AP 27 rr 9229, AP 27 rT 7277, AP 27 TT 7227, AP 27 T1 7229, AP 27 rr 6577, Ap 27 TT 6599. AP 27 rr 7177, AP 27 rr 9149, AP 27 Tr 9169,^{AP 27} TT 7799, AP 27 Tr 7719. AP 27 rr 7877, AP 27 r-l 7449, AP 27 71'.7377, AP 27 Tr 7339, AP 27 V 1299 AP 27 rT 1676, AP 27 rU 1314, AP 27 Tr 8969, AP 27 Y 7717, AP 27 Y 7709, AP 27 Y 7657, AP 27 Y 7647, AP 27 Y 7447, AP 27 Y 7337, Ap 27 11 9109, AP 27 rr 9119, AP 27 TT 9069, AP 27 1T 9079, AP 27 TT 9019, Ap 27 rT 9029, AP 27 rr 7399, AP 27 TT 7699, AP 27 rT 7499, AP 27 TU 5119, AP 27 Tf 3157 of the 8th Petitioner, AP 27 W 4949 of the 9th Petitioner while entering into the State of Telangana from the Andhra Pradesh State treating them as other State Vehicles pending disposal of the writ^petition.

¶190

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶191

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶192

W.P.NO:22335 OF 2014

¶193

Between:

¶194

Smt. V. Syamala, W/o. V. Ramachandra Reddy, Aged about 48 Years, R/o. 11441-13-3-1, t,4aruthi Nagar, Kadapa. AP 04 Y 4446, AP 04V 2223, AP 03 X 1296 and AP 04Y 0779

¶195

Sree Madhavi Travels, Rep. by its Managing Partner, K. Janardhana Puranika, Aged about 52 years, R/o. 19/100, Madras Road, Kadapa. AP 04 U 9000

¶196

N//s. Sai Travels, Rep. by its Proprietor G. Jeevan Kumar, Aged about 40 Years, Rio. 1/386-13, Viswasanthi Nagar, Chinna Chowk, Kadapa. AP 04 Y 7259 , AP 04 Y 7181 .

¶197

Smt. Y Keerthi Reddy, W/o. V. Dinesh Reddy, Aged about 25 Years, Rio.^'l- 441-13-3-1 ,l,4aruthi Nagar, Kadapa. AP 04 TU 6418, AP 04 TU 6419.

¶198

L. Royal Reddy, S/o. Bali Reddy, Aged about 59 Years, Rt/o. 1-703/3, Dwaraka Nagar, Kadapa. AP 04 Y 7851, AP 04 Y 7856.

¶199

V Rajanikanth Reddy, S/o. V. Samba Siva Reddy, Aged about 30 Years, Ri/o. 1147-8-35, Pulivendula, YSR Kadapa District. AP 04 Tl' 6945, Ap 04 TT 6946.

¶200

?, 9?la Obul Reddy, S/o. Chinna Obut Reddy, Aged about 60 years, Rl/ o. 201908, Co-Operative Colony, Kadapa. Ap 04^y 8829, Ap 04y gZZ9.

¶201

P Bh-askar Reddy, S/o. P. Bala Obul Reddy, Aged about 30 years, Rl/o. 2- 357, Society Colony, Madanapally, Chittoor District. Ap 03 X 6579, Ap 03 X 8019, AP 03 X 8109

¶202

----\-

¶203

Smt. P. Saraswathamma, Wo. P Venkata Rami Reddy, Aged about 50 Years, Rlo. 41594, Koti Reddy Street, Kadapa. AP 04 W 8889.

¶204

10.P. Venkata Rami Reddy, S/o. Chinna Obul reddy, Ageabout5g Years, Rtio.4594, Koti Reddy Street, Kadapa. AP 04 W 8879.

¶205

11.Mohd Jahangir Basha, S/o. M. Akbar Basha, Aged about 50 Years, Rl/o. 16243, SC Bose Road, Madanapally, Chittoor District. AP 03 TC 4678, KA 01 AA 5931, KA 01 AA 5932

¶206

P. Nirmala Devi, D/o. S. Naga Raja, Aged about 35 Years, R/o. 3-19, Gangula Reddy Street, Peddatippa Samudram, Chittoor District. AP 03 TA 6507.

¶207

1 3. V.O. Suresh, S/o. Danamaiah, Aged about 30 Years, Rl/o. 1/330, Pathapalli (V), Yellanur (il/), Anantapur District. AP 02 TA 4855, AP 02 TA 4866

¶208

14.Smt. O. Padmavathamma, Wo. O. Nagarjuna Reddy, Aged about 56 years, R/o. 1/68, Pathapalli (V), Yellanur (M), Anantapur District. AP 02 TB 0023, AP 02 TB 0239,

¶209

15.Y. Krishna Mohan Reddy, S/o. Y. Siva Sankar Reddy, Aged about 46 Years, No.25128, Sanjeeva Nagar, Nandyal, Kurnool District. AP 21 fT 5488, AP 02 W 4B49, AP 21 TT 5299, AP 21 Tr 8199 and AP 21 U 9799.

¶210

16.Y. Siva Sankar Reddy, S/o. Y. Mahanandi Reddy, Aged about 74 Years, Fl/o. 25128, Sanieeva Nagar, Nandyal, Kurnool District. AP 21 U 9788, AP 21 IT 8188 and AP 02 W 4489.

¶211

17.N.P. Gowtham Kiran, S/o. N.P. Ramachandra Reddy, Aged about 40 Years, No.2014, Naidu Building, Chittoor, AP 03 TC 4477, AP 03 TC 4466.

¶212

1B.Smt. N.P. Swathi, W/o. N.P. Gowtham Kiran, Aged about 34 Years, R/o. 2014, Naidu Buildings, Chittoor. AP 03 TA 8778, AP 03 TA 8787.

¶213

'19.M/s. DiwakarRoad Lines, Rep. byJ.C. Uma Reddy, Fl/o. 15/3'1 1, Aged about 56 Years, Sanjeeva Nagar, Tadipatri, Anantapur District. AP 02 TA 3636, AP 02 TA 5319.

¶214

20.N. Sasidhar, S/o. N. Rama Krishna, Aged about 54 Years,^eJo. 151777, Kamala Nagar, Anantapur. AP 02 X9144, AP 02 X 6966, AP 0218 4644 and AP 02 TB 4833.

¶215

N. Jhansi Vani, W/o. N. Sasidhar, Aged about 48 years,^eJo. 151777, Kamala Nagar, Anantapur. AP 02 X 6567, AP 02X9177.

¶216

22.Venkala Prabhakar Reddy Bhumi Reddy, S/o. B. Venkata Reddy, aged about 40 Years, No. 261923-14, Mittamadi Street, Proddatur, YSR Kadapa District AP 29 TA 6969, AP 29 TA 6869, AP 29 TB 3940.

¶217

23.P. Venugopal,, S/o. P. Rama Subbaiah, Aged about 45 Years, Rlo. 1O171, Eswar Reddy Nagar, Proddatur, YSR Kadapa District. AP 29 TB 3936.

¶218

Smt. G. Saraswathi, W/o. Bali Reddy, Aged about 50 Years, Rl/o. 241618, Vasanthapeta, Proddatur, YSR Kadapa District. AP 04'17 5188, AP 04^'17 5388

¶219

25.8. Lakshmi Kumar Reddy, S/o. B. Veera Kumar Reddy, Aged about 33 Years, Rlo.24/618, Vasanthapeta, Proddatur, YSR Kadapa District. AP 04'17 4288.

¶220

26.B. Veera Kumar Reddy, S/o. Veerabhadra Reddy, Aged about 40 Years, Fi./o. 241618,Vasanthapeta, Proddatur, YSR Kadapa District. AP 04'17 4088.

¶221

27.G. Bali Reddy, S/o. Gurivi Reddy, Aged about 60 Years,^PUo.24/618, Vasanthapeta, Proddatur, YSR Kadapa District. AP 04 TT 4688, AP 04^'17 4488.

¶222

-r(

¶223

B. Pratap Reddy, S/o. B. Bala Veera Reddy, Aged about 55 Years, Fi/o. 241615, Vasanthapeta, Proddatur, YSR Kadapa District. AP 04 TT 9689, AP 07 TB 9647.

¶224

29.Smt. B. Savithramma, W/o. B. Narayana Reddy, Aged about 68 Years, Fi/o. 241617, Vasanlhapeta, Proddatur, YSR Kadapa District. AP 07 TB 9649.

¶225

30.B. Narayana Reddy, S/o. B. Bala Veera Reddy, Aged about 60 Years, R/o. 241617 , Yasanthapeta, Proddatur, YSR Kadapa District. AP 04^'1 7 9698.

¶226

31.A. Suresh Kunrar Reddy, S/o. A Mallikarjuna Reddy, Aged about 34 Years, No 121577, Kota Street, Proddatur, YSR Kadapa District. AP 04'17 4646, AP 04 TT 449S.

¶227

32.Smt. A. Saraswathi, W/o. A Suresh Kumar Reddy, Aged about 30 Years, R/o. 121577, Kola Street, Proddatur, YSR Kadapa District. AP 04 X 01 11.

¶228

Smt. A. Rama Lakshumma, Wo. A. Mallikarjuna Reddy, Aged about 68 Years, Fyo. 121577, Kola Street, Proddatur, YSR Kadapa District. AP 04 TT 5588,

¶229

34.A. Mallikarjuna Reddy, S/o. A. Sanjeeva Reddy, Aged bout 12157711, Kota Street, Proddatur, YSR Kadapa District. AP 04 TT 0399.

¶230

35.8. Suresh Reddy, S/o. B. Chinna Venkata Reddy, Aged about 30 years, Fi"/o. 3111211404, Yli,4R Colony, Proddatur, YSR Kadapa District. AP 04'17 4477.

¶231

36.Smt. B. Rama Devi, Wio. B. Srinivasula Reddy, Aged about 42 Years, Rl/o. 3/945, YIUR Colony, Proddatur, YSR Kadapa District. AP 04 TT 0499.

¶232

37.8 C. Venkata Reddy, S/o. Venkata Reddy, Aged about 58 Years, Rl/o. Plot No. 404, Sai Ram Paradise, YMR Colony, Proddatur, YSR Kadapa District. AP 04 TT 5566.

¶233

38.Smt. B. Thulasamma, W/o. B.C. Venkata Reddy, Aged about 60 Years, Fl/o. Plot No. 404, Sai Ram Paradise, YMR Colony, Proddatur, YSR Kadapa District. AP 04 X 0789

¶234

39.B. Sudharshan Reddy, S/o. B.C. Venkata Reddy, Aged about 28 Years, F|/o. Plot No. 404, Sai Ram Paradise, Ylt4R Colony, Proddatur, YSR Kadapa District. AP 04Tf 4747.

¶235

K. Uma lt4aheswara Reddy, S/o. K. Ramachandra Reddy, Aged about 32 years, Rl/o. 4/153, Pakkirapalli, China Chowk, Kadapa. AP 04 Y 0788.

¶236

41 .K. Ramachandra Reddy, S/o. Muniratnam Reddy, Agd about 54 Years, F/o. 5-66, Timmareddipalli, Thenepalli, Puthalapattu, Chittoor district. AP 37 TA 2929, AP 37 r42949

¶237

42.Smt. N. Lavanya, W/o. N Prasanth, Aged about 32 Years, Rl/o. 8/576, Main Bazar, Tadipatri, Anantapur District. AP 04TU 2410, AP 04 TU 2409.

¶238

43.N. Rama Devi W/o. Late N. Ramgopal, Aged about 55 Years, R/o. 8/576, Tadipatri, Ananthapur District. AP 02 TB 6'1 55, AP 02 TB 6157.

¶239

44.C. Purushotham Reddy, Sio. C. Sidda Reddy, Aged about 42 Years, Fi/o. 5/448, R.V. Nagar, Kadapa. AP 04 TU 4568, AP 04 Y 4568.

¶240

C . Manohar.Reddy, Ql9 C _!r.dda Reddy, Aged about 45 years, No. Sl44B, R.V. Nagar, Kadapa. Ap 04 TU 4678, Ap-O4l rclA.

¶241

D .Sun_il Vinay Kumar, S/o. p.J Bala S_undaram, Aged about 36 years, Rl/o. 63/99-1, Nabikota, Kadapa. Ap 04 y 7997.

¶242

47.B. Siva^Reddy, S/o_ Srinivasulu, Aged about 3g years, Rl/o. 6/76, Gandhi Street, Siddavatam,^ySR Kadapa Di;trict. Ap 04y Zglg.

--\

.....PETITIONERS

AND

The State of Telangana, Rep. by its Principal Secretary, Transport, Roads & Buildings (TR-1 ) Department, Secretariat, Hyderabad.

¶248

The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport, Roads & Buildings (TR-'l) Department, Secretariat, Hyderabad.

¶249

The Transport Commissioner, State of Telangana, Hyderabad.

¶250

The Transport Department, Check Post, Shapur, Ranga Reddy District.

¶251

The Transport Department, Check Post, Kodada, Nalgonda District.

¶252

The Transport Department Check Post, Wadapally, Nalgonda District.

¶253

.....RESPONDENTS

¶254

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, in the nature of Writ of Mandamus or any other appropriate Writ, direction or order declaring the Circular Memo No. 586/TR.l(1y2014, dated 28.O7.2014 Transport, Roads & Buildings (TR.l) Department, issued by the Government of Telangana as illegal and void.

¶255

LA.NO:2 OF 2014⁽ WPMP. NO: 28018 OF 20141

¶256

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to suspend the operation of the Circular Memo No. 586/TR.l(1)12014, dated 28.07.2014 Transport, Roads & Buildings (TR.l) Department, issued by the Government of Telangana^pending disposal of the writ^petition.

¶257

|.A.NO:3 OF 2014(WPMP.NO: 28019 OF 2014)

¶258

Petition Under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the petition, the High Court may be^pleased to Direct the respondents not to levy the motor vehicle tax on the Petitioner's Vehicles bearing Registration Numbers AP 04 Y 4446, AP 04 V 2223, AP 03 X '1296 and AP 04 Y 0779 of the'1st Petitioner, AP 04 U 9000 of the 2nd Petitioner, AP 04 Y 7259, AP 04Y 7181 of the 3rd Petitioner, AP 04 TU 6418, AP 04^TU 6419 of the 4th Petitioner, AP 04 Y 7851 , AP 04 Y 7856 of the sth Petitioner, AP

¶259

I&^...-

¶260

04 TT 6945, AP 04 TT 6946 of the 6th Petitioner, AP 04 Y 8829, AP 04 Y 9279 ot the 7th Petitioner, AP 03 X 6579, AP 03 X 8019, AP 03 X 8109 of the 8th Petitioner, AP 04 W 8889 of the 9th Petitioner, AP 04 W 8879 of the 10th petitioner, AP 03 TC 4678, KA 01 AA 5931, KA 01 AA 5932 of the 11th petitioner, AP 03 TA 6507 ofthe 12th petitioner, AP 02 TA 4855, AP 02 TA 4866 ofthe 13th petitioner, AP 02 TB 0023, AP 02 TB 0239 of the 14th petitioner, AP 2'1 TT 5488, AP 02 W 4849, AP 21 71' s299. AP 21 71' 8199, AP 21 U 9799 of the 15th petitioner, AP 21 U 9788, AP 21 TT B1BB and AP 02 W 44Bg of the 16th petitioner, AP 03 TC 4477, AP 03 TC 4466 of the 17th petitioner, AP 03 TA 8778, AP 03 TA 8787 of the^'1 8th petitioner, AP 02 TA 3636, AP 02 TA 5319 of the 19th petitioner, AP 02 X 9144. AP 02 X 6966, AP 02 TB 4644 and AP 02 TB 4833 of the 20th petitioner, AP 02 X 6567, AP 02X9177 of the 21st petitioner, AP 29 TA 6969, AP 29 TA 6869, AP 29 TB 3940 of the 22nd petitioner, AP 29 TB 3936 of the 23rd petitioner, AP 0471'5188, AP 04 71^'5388 of the 24th Petitioner, AP 04 71' 42BB of the 25th Petitioner, AP 04 71' 4088 of the 26th petitioner, AP 04 71' 4688, AP 04 Tl' 4488 of the 27th Petitioner, AP 04 71' 9689, AP 07 TB 9647 of the 28th Petitioner, AP 07 TB 9649 of the 29th petitioner, AP 04 71' 9698 of the 30th Petitioner, AP 04 71' 4646, AP 04 TT 4499 of the 31st Petitioner, AP 04 X 0111 of the 32nd Petitioner, AP 04 71'55BB of the 33rd Petitioner, AP 04 71' 0399 of the 34th Petitioner, AP 04 71' 4477 of the 35th Petitioner, AP 04 Tl' 0499 of the 36th Petitioner, AP 04 71' 5566 of the 37th Petitioner, AP 04 X 0789 of the 38th Petitioner, AP 04 71' 4747 of the 39th Petitioner, AP 04 Y 0788 of the 40th Petitioner, AP 37 TA 2929, AP 37 TA2949 of the 41st Petitioner, AP 04TU 2410, AP 04 TU 24Og of the 42nd Petitioner, AP 02 TB 6155, AP 02 TB 6157 of the 43rd Petitioner, AP 04 TU 4568, AP 04 Y 4568 of the 44th Petitioner, AP 04 TU 4678, AP 04 Y 4678 of the 45th Petitioner, AP 04 Y 7997 ot the 46th Petitioner, and AP 04 Y 7979 of the 47th Petitioner while entering into the State of Telangana from the Andhra Pradesh State treating them as other State Vehicles pending disposal of the writ petition.

¶261

Counsel for the Petitioners : SRt AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶262

!9yryet^{for the Respondents : SRt A.SUDERSHAN REDDY, THE} ADVOCATE GENERAL

¶263

--\a -

¶264

W.P.NO: 22341 OF 2014

¶265

Between:

¶266

Mallina Satyanarayana Rao, S/o. Venkata Rao, Rl/o Aryapuram, Rajahmundry, East Godavari District. AP 05 TB 2859, AP 05 TB 2959, AP 05 TP 3659, AP 05 TB 3699, Ap 05 TB 4159, Ap 05 Tp 41 99, Ap 05 rB 4444, AP 05 TP 4455, AP 05 TB 5899, AP 05 TB 5959.

¶267

Smt.J.lVangayamma, W/o. Venkata Rao, Fl/o. 14-25111, lt4eena Nagaram, Chagallu, West Godavari District. AP 37 TC 4344, AP 37 fC 4434.

¶268

Alapati Sudha Rani, W/o Alapati Lakshmi Narayana, Rl/o 49-3-25, Gandhi Colony, Gunadala Bridge, Vijayawada, Krishna District. AP 16TC 2323.

¶269

Alapati Suresh Dora, S/o. Alapati Dorayya, R/o. 49-3-25, Gandhi Colony, Gunadala Bridge, Vijayawada, Krishna District. AP 16 TD 2333.

¶270

Alapati Lakshmi Narayana, Wo. Alapati Dorayya, R/o 49-3-25, Gandhi Colony, Gunadala Bridge, Vijayawada, Krishna District. AP 16 TC 8249.

¶271

M/s. Kalyani Transport, Rep. by its Proprietor P.Rama Krishna Chowdary, S/o. Venkata Rao, Aged about 39 Years, R/o. 7O-198-212C, Suresh Nagar, Kakinada, East Godavari District AP 05 TC 6776, AP 05 TC 6778.

¶272

Venu Gopal Chennupati, S/o. Venkateswarlu, No 20-06-77, Anjaiah Road, Ward No.32, Ongole, Prakasam District, AP 27 TU 5566, AP 27 TU 5577, AP 27 TW 6868, AP 27 IW 6688, AP 27 TT 6666, AP 27 TU 6666, AP 27 X 4444, AP 27 Y 4444, AP 27 rD 6644, AP 2BTD 6464, AP 27 TU 5555.

¶273

B. Jawadi Narasimha Rao, S/o.Subbaiah, Ri,/o. Opp; Plot No.223, ll Floor, Phase ll, Auto Nagar, Guntur, AP 07 TB 01 1'1 , AP 07 TC 0005, AP 07 TT 0003, AP 07 TB 0003

¶274

Jawadi Sri Hari Rao, S/o. Subbaiah, Fl/o. Plot No.223, ll Floor, Phase-lll, Auto Nagar, Guntur AP 07 TC 0003, AP 07 TU 0006, AP 07 TB 0006, AP 07 TB 0999, AP 07 TW 0789, AP 07 TT 0007, AP 07 TT 7777.

¶275

New Morning Star Travels, Rep. by its Partner Ponakala Srinivasa Rao, S/o. Ponakala Nageswara Rao, Aged about 41 Years, Rl/o. 3-28-23, Main Road, Brundavan Gardens, Guntur, AP 07 fU 0777, AP 07 TC 0222, AP 07 Tf 0777, AP 07 TB 0333, AP 07 TW 0777, AP 07 rB 0777, AP 07 TW 0333, AP 07 rB 0222.

¶276

'1 1. Ponakala Srinivasa Rao, S/o. P.Nageswara Rao, Rl/o Plot No.223, ll Floor, Phase-lll, Auto Nagar, Guntur AP 07 TW 0999, AP 07 TB 0001, AP 07 TB 7777, AP 07 TT 5555, AP 07 TC 0001, AP 07 TT 0005, AP 07 TWO 0005, AP 07 TU 0001, AP 07 TU 0999, AP 07 TW 0001 , AP 07 TW 0111, AP 07 TB 0005, AP 07 TT 6666, AP 07 TC 0007, AP 07 TC 0999, AP 07 TC 0006, AP 07 TU 0003.

¶277

.....PETITIONERS

¶278

AND

¶279

The State of Telangana, Rep. by its Principal Secretary, Transport, Roads & Buildings (TR-1 ) Department, Secretariat, Hyderabad.

¶280

The State of Andhra Pradesh, rep. by its Principal Secretary, Transport, Roads & Buildings (TR-1 ) Department, Secretariat, Hyderabad.

¶281

The Transport Commissioner, State of Telangana, Hyderabad.

¶282

¶283

The Transport Department Check Post, Shapur, Ranga Reddy^District.

¶284

The Transport Department Check Post, Kodada, Nalgonda^District.

¶285

The Transport Department Check Post, Wadapally, Nalgonda District.

¶286

.....RESPONDENTS

¶287

Petition Under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, in the nature of Writ of Mandamus or any other appropriate Writ, direction or roder declaring the Circular Memo No.586/TR.l(1)12014. daled 28.07.2014 Transport, Roads & Buildings^(TR.l) Department, issued by the Government of Telangana as illegal and void.

¶288

|.A.NO:2 OF 2014^(WPMP. NO:28025 O F 20141

¶289

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to Suspend the operation of the Circular Memo No.586/TR.l(1 ) 12014, dated 28.O7.2014 Transport, Roads & Buildings (TR.l) Department, issued by the Government of Telangana pending disposal of the writ petition.

¶290

l.A.NO:3 OF 2014^(W PMP. NO: 28026OF 2014\

¶291

Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to levy the motor vehicle tax on the Petitioners Vehicles bearing Registration Numbers AP 05 TB 2859, AP 05 TB 2959, AP 05 TB 3659, AP 05 TB 3699, AP 05 TB 4159, AP 05 TB 4199, AP 05 TB 4444, AP 05 TB 4455, AP 05 TB 5899 AND AP 05 TB 5959 of the 1st Petitioner, AP 37 TC 4344, AP 37 TC 4434 of the 2nd Petitioner, AP 16 TD 2323 of the 3rd Petitioner, AP 16 TC 2333 of the 4th Petitioner, AP 16 TC 8249 of the Sth Petitioner, AP 05 TC 6776, AP 05 TC 6778 of the 6th Petitioner, AP 27 TU 5566, AP 27 fU 5577, AP 27 TW 6868, AP 27 TW 6688, AP 27 TT 6666, AP 27 TU 6666, AP 27 X 4444, AP 27 Y 4444, AP 27 rD 6644, AP 28 TD 6464, Ap 2t TIJ SSSS of the 7th Petitioner, AP 07 TB 01'1 1, AP 07 TC 0005, Ap 07 TT 0003, Ap 07 TB 0003 of

¶292

_ 2Q

¶293

the 8th Petitioner, AP 07 TC 0003, AP 07 TU 0006, AP 07 TB 0006, AP 07 TU 0777, AP 07 TC 0222, Ap 07 TT 0777, AP 07 TB 0333, AP 07 TB 0333, Ap 07 fW 0777, AP 07 TB 0777, AP 07 TW 0789, AP 07 TT 0007 and AP 07 TT 7777 of the 9th Petitioner, AP 07 fU 0777, AP 07 TW 0333, and AP 07 TB 0222 of lhe 1Oth petitioner, AP 07 TW 0999, AP 07 TB 0001, AP 07 fB 7777, AP 07 TT 5555, AP 07 TC OOO1, AP 07 TT OOO5, AP 07 TW OOO5, AP 07 TU OOO1, AP 07 TU 0999, AP 07 TW 0001, AP 07 TW 0111, AP 07 TB 0005, AP 07 TT 6666, Ap 07 TC 0007, AP 07 TC 0999, AP 07 TC 0006 and AP 07 TU 0003 of the llth petitioner while entering into the State of Telangana from the Andhra Pradesh State treating them as other State Vehicles pending disposal of the writ petition.

¶294

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶295

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶296

W.P.NO: 23073 OF 2014

¶297

Between:

¶298

Agy George, S/o. George, Aged about 55 years, Rlo.27h264, 144, Link Heights, Panambilly Nagar, Ernakulam, Kerala State.

¶299

.....PETITIONER

¶300

AND

¶301

The State of Telangana, Represented by the Principle Secretary to Government, Transport, Roads & Buildings (TR.l) Department, Secretariat, Hyderabad.

¶302

The State of Andhra Pradesh, Represented by the Principle Secretary to Government, Transport, Roads & Buildings (TR.l) Department, Secretariat, Hyderabad.

¶303

The Transport Commissioner, State of Telangana, Hyderabad.

¶304

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶305

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶306

The Motor Vehicle lnspector, Mahaboobnagar, Telangana State.

¶307

The Motor Vehicle lnspector, Unit Office, Pebbair, Mahaboobnagar District, Telangana State.

¶308

,....RESPONDENTS

¶309

/,-z-11

¶310

Petition Under Article 226 ot the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of tvlandamus declaring the action of the Respondents 5 and 6 in once again collecting the quarterly tax for the quarter ending 01.07.2014 lo 30.09.2014 from the petitioner in respect of the All lndia Tourist Vehicles bearing Registration Nos. KL 07 CA 1639 and KL 07 CA 1649 as Alma and void and contrary to the G.O.N/s. No. 43, Transport, Roads and Buildings (TR-l) Department, dt. 0'1 .06.2014 and direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the^petitioners All lndia Tourist Vehicles beaing Registration Nos. KL 07 CA 1639 and KL 07 CA 1649 if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03.2015 and direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2014 lo 31 .12.2014 in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KL 07 CA 1639 and KL 07 CA 1649.

¶311

|.A.NO:2 OF 2014^(WPMP. NO: 28915 OF 2014)

¶312

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2014 lo 31 .12.2014 in respect of the petitioner's All lndia Tourist Vehicles bearing Registration Nos. KL 07 CA 1639 and KL 07 CA 1649, pending disposal of the writ petition.

¶313

l.A.NO:3 OF 2014 (WPMP.NO: 28916 OF 2014

¶314

Petition Under Section^'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the petitioner's All lndia Tourist Vehicles bearing Registration Nos. KL 07 cA 1639 and KL 07 cA 1649 if the quarterlytax is paid to either of the Terangana or .Andhra pradesh States upto 31.03.20.r 5, pending disposal of the writ petition.

¶315

z u -

¶316

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S,ARIFULLAH

¶317

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶318

W.P.NO: 23075 OF 2014

¶319

Between:

¶320

'1 . KPN Travels lndia Limited,, Rep. by its l/anaging Director, K.P. Natarajan, S/o. Ponmalai Gounder, Aged about 63 years, Fl/o. Chikkabajana Mandir Street, Sarjapura Post, Anekal Taluq, Bangalore, Karnataka State.

¶321

Smt. N. Shivabakkiam,, W/o. K.P. Natarajan, Aged about 58 years, R/o. 11 th Cross, Someswara Nagara, Jayanagar 1st Block, Bangalore, Karnataka State.

¶322

.....PETITIONERS

¶323

AND

¶324

The State of Telangana, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶325

The State of Andhra Pradesh, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶326

The Transport Commissioner, State of Telangana, Hyderabad.

¶327

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶328

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶329

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶330

.....RESPONDENTS

¶331

Petition Under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of Mandamus declaring the action of the 6th Respondent in once again collecting the^quarterly tax for the^quarter ending 01.07.2014 to o 30.09.2014 from the petitioners in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 51/B 9991, KA 51/B 9919, KA, 411A7999 and KA 411A.9997 of the^'lst petitioner, KA 05/AD 9929 and KA 05/AD 9919 of the 2nd^{petitioner,as} illegal and void and contrary to the G.O.Ms. No. 43, Transport, Roads & Buildings (TR-l) Department, dated 01 .06.2014 and direct the respondents not to collect or insist upon the petitioners to^pay the^quarterly tax in respect of the^{petitionersAll}

¶332

¶333

lndia Tourist Vehicles bearing Registration Nos. KA 51/B 9991, KA 51/B 9919, KA. 41lA 7999 and KA 41lA 9997 of the 1st petitioner, KA 05/AD 9929 and KA 05/AD 9919 of the 2nd petitioner. if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03.2015 and direct the respondents 2 and 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10 2O14 to 31 .12.2014 in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 51/B 9991, KA 51/B 9919, KA 411A7999 and KA 41lA 9997 of the^'1 st petitioner, KA 05/AD 9929 and KA 05/AD 99'19 of the 2nd petitioner.

¶334

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶335

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶336

W.P.NO: 23076 OF 2014

¶337

Between:

¶338

M.Jahangir Basha, S/o. Late M.Akbar, R/o. 20/9, Azeema Building, TSP Road, Kalsipalyam, Bangalore, Karnataka State.

¶339

Shakeel Jabbar, S/o. C.A.Jabbar, R/o.19/3, TSP Road, Bangalore, Karnataka State.

¶340

M/s. Diwakar Road Lines, Rep. by J.C. Uma Reddy, W/o. J.C.Prabhakar Reddy, Aged about 56 years, R/o. 24, A.V.Road, Anath Arcade, Kalasipalyam, Bangalore, Karnataka State.

¶341

M/s SVR Tours and Travels, Rep. by Subash Chandra Bose Hanumara S/o. Ramachandra Rao, aged about 63 years, Rl/o. No.326, TSP Road, Kalasipalyam, Bangalore, Karnataka State.

¶342

.....PETITIONERS

¶343

AND

¶344

The State of Telangana, Represented by the Pdncipal Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶345

The State ofAndhra Pradesh, Represented by the Principal Secretary to 9overnment,^{Transport, Roads andBuildings(TR.l) Department,Seiretariat,} Hyderabad.

¶346

The Transport Commissioner, State of Telangana, Hyderabad.

¶347

The Transport Commissioner, Andhra pradesh, Hyderabad.

¶348

fhe Transport Department Check post, Shapur, Ranga Reddy District, Telangana State.

¶349

ZS -

¶350

The Motor Vehicle lnspector, Mahaboobnagar, Telangana State.

¶351

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶352

B. The Transport Department Check Post, Kurnool, Andhra Pradesh State.

¶353

The Motor Vehicle lnspector, Madanapalle, Chittoor District, Andhra Pradesh State.

¶354

'10.The Motor Vehicle lnspector, Flying Squad, Anantapuramu, Andhra Pradesh State.

¶355

1 1. The Transport Department Check Post, Zaheerabad, tvledak District, Telangana State.

¶356

....,RESPONDENTS

¶357

. Petition Under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of Mandamus declaring the action of the Respondents 5 to 8 in once again collecting the quarterly tax for the quarter ending 01 .07.2014 to 30.09.2014 from the petitioners No.1 to 3 in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 01lAa 3741 , KA 01/AA 3743 of thelst petitioner, KA 01/AA 7018, KA 51lA 1807 of the 2nd petitioner, KA 0'1/Ad 0482 and KA 01/Ad 0483 of the 3rd^petitioner, as illegal and void and contrary to the G.O.Ms.No.43, Transport, Roads and Buildings^(TR-l) Department, dt.01.06.2014 and direct the respondents not to collect or insist upon the^petitioners to^pay the quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos.KA OIlAA 3741 , KA 01/AA 3743 of the 1st^petitioner, KA 01/AA 7017, KA 01/AA 7018, KA 51/A 1807, KA 51/A 1889 of the 2nd^petitioner, KA Oll\d 0482, KA 0'1/AD 0483 of the 3rd^petitioner, KA 0'1/AB 2826, KA OI|AB 3321, KA 0,1/AB 2808, KA O1/AB 2853, KA O1/AC 3933, KA O1/AC 3BBB, KA 01/AC 8055, KA 01/8955, KA 01/AA 4644, KA 01lAA 4464, KA 01/AA 9639, KA 01/AB 8829, KA 01/AB 9936 and KA 01/AA 3231 o'f the 4th^petitioner if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31 .03.2015 and direct the respondents 2 and 4 either to^{refundthe tax illegally} collected or adjust the same for the next^quarter 01 .1O.2O14 lo³¹ .12.2014ⁱⁿ respect of the All lndia Tourist Vehicles bearing Registration Nos. KA OIlAA 3741,

¶358

¶359

KA 01/AA 3743 of the 1st^petitioner, KA 01/AA 7018, KA 51lA¹⁸⁰⁷ of^{the 2nd} petitioner, KA 0'l/AD 0482 and KA 01/AD 9483 of the 3rd petitioner.

¶360

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL^FOR SRI S.ARIFULLAH

¶361

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶362

W.P.NO: 23083 OF 2014

¶363

Between:

¶364

Saif Sikandar, S/o. Abdul Hameed Sikandar, Prop of M/s. KGN Travels, Aged about 32 years, R/o 19/1 , TSP Road, Kalasipalyarn, Bangalore, Kamataka State.

¶365

.....PETITIONER

¶366

AND

¶367

'l . The State of Telangana, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶368

The State of Andhra Pradesh,, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR. ) Department, Secretariat, Hyderabad.

¶369

The Transport Commissioner, State of Telangana, Hyderabad.

¶370

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶371

The Transport Department, Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶372

The Transport Department Check Post, Panchalilngala, Kurnool District, Andhra Pradesh State.

¶373

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶374

.....RESPONDENTS

¶375

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of Mandamus declaring the action of the Respondents 6 and 7 in once again collecting the quarterly tax for the quarter ending 01.07.2014 lo 30-09.2014 from the petitioner in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 01 AB 1762, NL 0i-B 0872and NL oliB 0873 as illegal and

¶376

-21

¶377

void and contrary to the G.O.Ms. No. 43, Transport, Roads and Buildings (TR-l) Department, dt. 01.06.2014 and direct the respondents not to cotlect or insist upon the petitioner to pay the quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA 01 AB 1762, NL 01-B 0872 and NL 01-B 0873 if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31 .03.2015 and direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2O14 lo 31 .12.2014 in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA O1 AB 1762, NL 01-B 0872 and NL 01-B 0873.

¶378

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶379

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶380

W.P.NO: 24613 OF 2014

¶381

Between:

¶382

K.R. Suresh Kumar, S/o. K.V. Rama Krishnan, Proprietor of M/s. Kallada Tours and Travels, Aged about 44 years, Rl/o. No.14, Hosur [,4ain Road, [,4adivala, Bangalore, Karanataka State.

¶383

.....PETITIONER

¶384

AND

¶385

1 . The State of Telangana, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶386

The State of Andhra Pradesh, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶387

The Transport Commissioner, State of Telangana, Hyderabad-

¶388

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶389

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶390

The Motor Vehicle lnspector, Unit Office, Pebbair, Mahaboobnagar District, Telangana State.

¶391

The Motor Vehicle lnspector, RTA, Ranga Reddy^(HQ), Telangana State.

¶392

The Motor Vehicle lnspector, O/o. Deputy Transport Commissioner, Kurnool, Andhra Pradesh State.

¶393

¶394

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶395

The Transport Department Check Post, Kurnool, Andhra Pradesh State.

¶396

.....RESPONDENTS

¶397

Petition Under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may^be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of Mandamus declaring the action of the Respondents 5 to 10 are once again collecting the quarterly tax for the^quarter ending 01 .07.2014 to 30.09.20'14 from the petitioner in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 01 AB 4114, KA 0'l AB 4115, KA 01 AB 5372, KA 01 AB 5374, KA 01 AB 5770, KA 01 AB 577'1 , KA 01 AB 5905, KA 01 AB 5906, KA 01 AC 5838, KA 01 AC 5839, KA 01 AC 4548, KA 01 AC 4910, KA 01 AC 5678 and KA 01 AC 5685 as illegal and void and contrary to the G.O.Ms. No. 43, Transport, Roads and Buildings (TR-l) Department, dt. 01 .06.2O14 and direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA 01 AB 41 14, KA 01 AB 41 15, KA 01 AB 5372, KA 01 AB 5374, KA 01 AB 5770, KAOl AB 5771,KA 01 AB 5905, KAOl AB 5906, KAOl AC 5838, KAO1 AC 5839, KA 01 AC 4548, KA 01 AC 4910, KA 01 AC 5678 and KA 01 AC 5685 if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03.2015 and direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2014 lo 31 .12.2014 in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. AB 4114, KA 01 AB 41 15, KA 01 AB 5372, KA O't AB 5374, KA 01 AB 5770, KA 01 AB 5771, KA 01 AB 5905, KA 01 AB 5906, KA 01 AC 5838, KA 01 AC 5839, KA 01 AC 4548, KA 01 AC 4910, KA 01 AC 5678 and KA 01 AC 5685.

¶398

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶399

Counsel for the Respondents : SRt A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶400

W.P.NO: 24797 oF 2014

¶401

,-_^z1 -

¶402

Between:

¶403

Abdul Kaleem, S/o. Mohammed Hayath, Prop. Saleem Tours and Travels, Aged about 45 years, Ryo. 335/5, TSP Road, Kalasipalyam, Bangalore, Karnataka State.

¶404

Mls. Gee Pee Travels, Rep. by Proprietor G. Shahid Ur Rehman, S/o. Abdul tvlajeed, aged about 60 years, Rl/o. No. 18,2nd Main, Dispensary Road, Kalasipalyam, Bangalore, Karnataka State.

¶405

Ghouse Pasha, S/o. Late Abdul Majeed, Aged about 36 years, Rl/o. No. 18, 2nd Main, Dispensary Road, Kalasipalyam, Bangalore, Karnataka State,

¶406

.....PETITIONERS

¶407

AND

¶408

The State of Telangana, Represented by the Principle, Secretary to Govemment, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶409

The State of Andhra Pradesh, Represented by the, Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶410

The Transport Commissioner, State of Telangana, Hyderabad.

¶411

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶412

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶413

The Motor Vehicle lnspector, Shadnagar, Mahaboobnagar District, Telangana State.

¶414

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶415

.....RESPONDENTS

¶416

Petition Under Article 226 of the Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of lvlandamus declaring the action of the Respondents 5 to 7 in once again collecting the quarterly tax for the quarter ending 01 .07.2O14 to 30.09.2014 from the petitioners in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 01lAA 3742 and KA 01lAA 3746 of the 1st^petitioner, KA 01/AA 9626 and KA 01/AA 9628 of the 2nd petitioner, KA 01/AA 6435 and KA 0l/AA 5785 of the 3rd petitioner, as illegal and void and contrary to the G.O.Ms. No. 43, Transport, Roads and Buildings (TR-l) Department, dt. 01.06.2014 and direct the respondents not to collect or insist upon the^petitioners to^pay the

¶417

-7c-t

¶418

quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA OIlAA 3742 and KA 01/AA 3746 of the 1st^petitioner, KA 01/AA 9626 and KA 01/AA 9628 of the 2nd^petitioner, KA 01/AA 6435 and KA 01/AA 5785 of the 3rd^petitioner if the^quarterly tax is^paid to either of the Telangana or Andhra Pradesh States upto 31.03.20'l 5 and direct the respondents 1 to 4 either to refund the tax illegally collected or adjust the same for the next quarter O1 .10.2014 lo 31 .12.2014 in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA OI|AA 3742 and KA 01/AA 3746 of the 1st petitioner, KA 01/AA 9626 and KA 01/AA 9628 of the 2nd petitioner, KA 01/AA 6435 and KA 01/N/ 5785 of the 3rd petitioner.

¶419

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶420

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶421

W.P.NO: 28145 OF 2014

¶422

Between:

¶423

M/s. Komitla Services, Rep. by Managing Partner, K.Satyanarayana Reddy, S/o. K.Adi Reddy, Aged about 69 years, Rl/o. No.15, 4th Cross, Koramangala, Sth Block, Bangalore, Karnataka State.

¶424

lllls. Diwakar Road Lines, Rep. by J.C Uma Reddy, W/o. J.C.Prabhakar Reddy, Aged about 56 years, R/o. No.24 AV Road, Kalsipalyam, Bangalore, Karnataka State.

¶425

Smt.K.Roopa W/o K.V.Rajesh, C/o Pramod Kumar Roy, Ramachandrapur, Khudra, Orissa State.

¶426

.....PETITIONERS

¶427

AND

¶428

The State of Telangana, Represented by by the Principal Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad

¶429

The State of Andhra Pradesh, Represented by the Principal to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶430

The Transport Commissioner, State of Telangana, Hyderabad.

¶431

The Transport Commissioner, Andhra pradesh, Hyderabad.

¶432

. Iffi#E:58Sr?"d:[y"* check posr, penukonda, Ananthapuram District,

¶433

¶434

The Motor Vehicle Inspector, Vijayawada, Krishna District, Andhra Pradesh State.

¶435

The Special Grade Motor Vehicle lnspector, Unit Office, Yuyyur, Krishna District, Andhra Pradesh State.

¶436

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶437

The Motor Vehicle lnspector, fvlahaboobnagar, Telangana State.

¶438

1 0. The Motor Vehicle lnspector, Unit Office, Gadwal, Mahaboobnagar District, Telangana State.

¶439

1'1 .The Motor Vehicle lnspector, Secretary, RTA, Attapur, Ranga Reddy District, (on enforcement duty) Telangana State.

¶440

The Motor Vehicle lnspector, Unit Office, Pebbair, [/ahaboobnagar District, Telangana State.

¶441

....,RESPONDENTS

¶442

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of Mandamus declaring the action of the Respondents 5 to 12 in once again collecting the quarterly tax for the quarter ending 01 .O7.2014 lo 30.09.2014 from the petitioners in respect of the All lndia Tourist Vehicles bearing Registration Nos.KA01 AB 1067, KA01 A8.1094, KA01 AD0580and KA01 AD 0581 of the 1st petitioner, KA 01 AB 4616, KA 01 AB 4626, AP 02f A5229, AP 02 TA 5139, AP 02 TA 2169, OR 05 AT 8649, OR 05 AT 85s9, OD 21 9820 and OD 21 9823 of the 2nd petitioner, OD 05 C 2577 and OD 05 C 2477 ol the 3rd petitioner, as illegal and void and contrary to the G.O.Ms.No.43, Transport, Roads and Buildings (TR-l) Department, dt.01 .06.2O14 and direct the respondents not to collect or insist upon the petitioners to pay the quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos.KA 01 AB 1067, KA01 AB 1094, KA 01 AD 0580 and KA 01 AD 0581 of the 1st^petitioner, KA⁰¹ AB 4616, KA 01 AB 4626, AP 02TA5229, AP 02 TA 5139, AP 02 TA 2169, OR 05 AT 8649, OR 05 AT 8559, OD 21 9820 and OD 21 9823 of the 2nd^petitioner, OD 05 C 2577 and OD 05 C 2477 ot lhe 3'd^petitioner if the^quarterly tax is^paid to either of the Telangana or Andhra Pradesh States upto 31 .03.2014 and direct the respondents^'l to 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .1O.2014 to 31 .12.2O14 in respect of the AII lndia Tourist

¶443

,>L -

¶444

Vehicles bearing Registration Nos.KA 01 AB 1067, KA01 AB 1094, KA 01 AD 0580 and KA 01 AD 0581 of the 1st petitioner, KA 01 AB 4616, KA 01 AB 4626, AP 02 TA 5229, AP 02 TA 5139, AP 02 TA 2169, OR 05 AT 8649, OR 05 AT 8559, OD 21 9820 and OD 21 9823 of the 2nd petitioner, OD 05 C 2577 and OD 05 C 2477 of the 3rd petitioner

¶445

|.A.NO:2 OF 2014^(WPMP. NO: 35243 OF 2014)

¶446

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to collect or insist upon the petitioners to pay the quarterly tax in respect of the petitioner's All lndia Tourist Vehicles bearing Registration Nos.KA 01 AB 1067, KA 01 AB 1094, KA 01 AD 0580 and KA 01 AD 0581 of the 1st petitioner, KA 01 AB 4616, KA 01 AB 4626, AP 02TA5229, AP 02 TA 5139, AP 02 TA 2259, AP 02rA2169, OR 05 AT 8649, OR 05 AT 8559, OD 21 9820, OD 21 9823, OD 982'1 and OD 21 9822 of the 2nd petitioner, OD 05 C 2577 and OD 05 C 2477 of the 3rd petitioner if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31 .03.2014 pending disposal of the writ petition.

¶447

|.A.NO;3 OF 2014^(WPMP. NO: 35244 oF 20141

¶448

Petilion Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 either to refund the tax illegatly collected or adjust the same for the next quarter 01 .1O.2014 lo 31 .12.2O14 in respect of the All lndia Tourist Vehicles bearing Registration Nos. KA 01 AB'1067, KA 01 AB 1094, KA 01 AD 0580 and KA 01 AD 0581 of the 1st petitioner, KA 0'l AB 4616, KA 01 AB 4626, AP 02rA 5229, AP 02 TA 5139, AP 02TA 2169, OR 05 AT 8649, OR 05 AT 8559, OD 21 9820 and OD 9823 of the 2nd petitioner, OD 05 C 2577 and OD 05 C 2477 of the 3rd petitioner, pending disposal of the writ petition.

¶449

Counsel for the Petitioners : SRt AVINASH REDDy, SENIOR COUNSEL FOR SRI S.ARIFULLAH

¶450

_ 39 -

¶451

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶452

W.P.NO: 29713 OF 2014

¶453

Between:

¶454

BABA TOURS AND TRAVELS, Rep.by Sri P.Pavan Chandra, S/o P.Prabhaker, aged about 28 years, Rl/o Sy.No.58 and 75, Thummaloor Village, Maheshwaram Mandal, Ranga Reddy District.

¶455

.....PETITIONER

¶456

AND

¶457

The State of Telangana, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶458

The State of Andhra Pradesh, Represented by the Principle Secretary to Govemment, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶459

The Transport Commissioner, State of Telangana, Hyderabad.

¶460

The Transport Commissioner, Andhra Pradesh, Hyderabad.

¶461

The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶462

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶463

The Transport Department Check Post, Kurnool, Andhra Pradesh State.

¶464

.....RESPONDENTS

¶465

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 7th respondent in once again collecting the quarterly tax for the quarter ending 01 .07 .2014 to 30.09.2014 from the petitioner in respect of the State Wide Contract Carriage Permit bearing Registration No. AP28 TC 0870 and the action of the Sth respondent demanding the quarterly tax once again for the quarter ending 01 .O7 .2O14 to 30.09.20'14 in respect of the petitioner State Wide Contract Carriage Permit bearing Registration No. AP28 TC 0870 by issuing check report as illegal and void and contrary to the G.O.Ms.No.43, dt.01.06.2014 and Section 101 of the Andhra Pradesh Reorganization Acl, 2014 and direct the respondents not to collect or insist upon

¶466

3+-

¶467

the petitioner to pay the qua(erly tax in respect of the^petitioners State Wide Contract Carriage Permit Vehicle bearing Registration No. AP2B TC 0870 if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03.201 5 and direct the respondents 2 and 4 either to refund the tax illegally collected or adjust the same for the next quarter 01 .10.2014 lo 31 .12.2014 in respect of the State Wide Contract Carriage Permit Vehicle bearing Registration No. AP28 TC 0870

¶468

I.A.NO:2 OF 2014 (WPMP.NO:37093 OF 2014)

¶469

Petition Under Section^'1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to collect or insist upon the petitioner to pay the quarterly tax in respect of the petitioner State Wide Contract Carriage Vehicle bearing Registration No. AP28 TC 087,0 if the quarterly tax is paid to either of the Telangana or Andhra Pradesh States upto 31.03.20'1 5 pending disposal of the writ petition.

¶470

Counsel for the Petitioners : SRI S.A.K.MYNUDDIN

¶471

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶472

W.P.NO: 34340 OF 2014

¶473

Between:

¶474

ABDUL KHALEEM, BANGALORE, S/o Mohammed Hayath, Proprietor of Saleem Tours and Travels, Aged about 45 years, R/o 76, Ward No.23, Bahadurpur, L/o Anekar Taluk, Bangalore, Karnataka State.

¶475

AND

¶476

PRL SECY, TRANSPORT, ROADS AND BUtLDTNGS(TR.t)., HyD, Represented by the Principle Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, Hyderabad.

¶477

The State of Andhra Pradesh,, Represented by the principle Secretary to Government, Transport, Roads and Buildings (fR.t1 Oepdrtment, Secietariat, Hyderabad.

¶478

The Transport Commissioner,, State of Telangana, Hyderabad.

¶479

The Transport Commissioner,, Andhra pradesh, Hyderabad.

¶480

_3S -

¶481

The Transport Department Check Post,, Alampur, Mahaboobnagar District, Telangana State.

¶482

The Transport Department Check Post,, Penukonda, Anantapur District, Andhra Pradesh State.

¶483

.....RESPONDENTS

¶484

Petition Under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction or any other appropriate Order in the nature of Writ of lvlandamus declaring the action of the 5th Respondent insisting the petitioner to pay Quarterly Tax once again for the QE 31-12-2014 in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA 51/C 0911 and KA 51lC 0922 as illegal and void and contrary to the G.O.[Vls. No. 43, Transport, Roads and Buildings (TR-l) Department, dt, 01,06.2014 and direct the respondents not to collect or insist upon the^petitioner to pay the quarterly tax in respect of the petitioners All lndia Tourist Vehicles bearing Registration Nos. KA 51/C 091 1 and KA 51 lC 0922 if the quarterly tax is^paid to either of the Telangana or Andhra Pradesh States upto 31.03.2015.

¶485

|.A.NO:1 OF 2014^(WPMP.NO: 42943 OF 2014)

¶486

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to direct the respondents not to collect or insist upon the^petitioner to^pay the quarterly tax in respect of the petitioner's All lndia Tourist Vehicles bearing Registration Nos. KA 51/C 0911 and KA 51lC 0922 if the^quarterly tax is^paid to either of the Telangana or Andhra Pradesh States upto 31 .03.2015,^pending disposal of the writ petition.

¶487

Counsel for the Petitioners : SRI AVINASH REDDY, SENIOR COUNSEL^FOR SRI S.ARIFULLAH

¶488

Counsel for the Respondents : SRI A.SUDERSHAN REDDY, THE ADVOCATE GENERAL

¶489

The Court made the following COMMON ORDER

¶490

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA

¶491

WRIT PETITION NOS.21257 of 2OL4 9259 9421 and 9666 of 20 1,5, 2 1449, 22339, 22335, ?231 l, 2307 3, 23075 23076 23083 24613 24797 28145 29713 AND 34340 0F 20L4

¶492

COMMON ORDER: (per Eoft'bte Sri &tstlce No'rslng Ra.o Ndr7d.7kotud.d.)

¶493

Thougl-r the parties are different, the relief and the issues involved in batch of Writ Petitions are common and they are being heard together and disposed by way of this common order

¶494

It is relevant to refer to the facts in the lead case i.e., W.P.No.297 13 of 2015 as under.

¶495

The averments in the affidavit filed in support of the writ petition are that though the petitioner paid quarterly tax for quarter ending Ol.O7.2Ol4 to 30.09.2014 in respect of State Wide Contract Carriage Permit for the vehicle bearing Registration No.AP-28-TC-O87O, respondent No.7 is once again collecting the same ard also quantifying the action of respondent No.S demanding quarterly tax once again for the quarter ending Ol.O7.2Ol4 to 30.09.2014 in respect of

".tt'

*,i,i?ii$ii s b"r..

a-foresaid vehicle by issuing check report to be illegal and contrary to G.O.Ms.No.43, dated O1.06.2014 and Section i01 of the Andhra Pradesh Re-organization Act, 2Ol4 (for short,'the Act, 2Ol4].

¶501

It is case of the petitioner that he is the owner of vehicle bearing registration No.AP2B-TC-0870 and obtained State-Wide Contract Carriage Permit, which is valid upto 08.05.2019. It is stated that on booking of passengers, the respondents used to ply the vehicles on the route Hyderabad to Bangalore and back. Whiie the matter stood thus, the respondents are dernanding to pay Tax in Telangana State because the vehicles are plying from . Hyderabad to Balgalore via Telglgana -State. Since the petitioners' have already paid Ta-x once again demanding the tax in Telangana State is iilega1.

¶502

It is afso staied that as per G.O.MS.No.43, dated 01.06.2014, issued by the Transport Department, Andhra Pradesh, wherein it w'as stated as follows:

¶503

'The Quanterlg^{Tax paid} Jor^{ong quarterupto} 31.03.2015 in ang of the Successor States shdll be

¶504

¶505

P5K,J&NNR,J |\o 2s7r3 2OL4 &L-bj1

¶506

deem.ed to hdue been paid for both the successor States and thered.fter new Gouernrnent to declde."

¶507

It is further stated that as per the above mentioned G.O., the parties have to pay Tax in one State and in the successor State they are not liable to pay the tax til1 31.03.2015. But, respondent No.5 is demanding to pay the tax and seizing the vehicles for non-payment of the tax. It is further stated that in the process, the petitioners are required to pay Double Tax to State as demanded by the respondents. It is stated that unless and until, this Court directs the respondents, they are not in a position to refund the tax or adjust the tax for future quarter. The petitioners also submitted representation on O4.O8.2O14 before the Licensing Authority contending that the tax paid by them is not reflecting tn Telangala State though it has to be reflected in both the States thereby causing inconvenience and creating prejudice in Telangana State as no action has been taken on the same.

¶508

He further submits that in similar set of facts this Court had passed interim orders in W.p.M.p.Nos.26656 and 26657 of 2014 in W.p.No.2l257 of 2Ot4, dated

¶509

¶510

.",';:ill,txi I^bot4)

¶511

30.07.2014 directing the respondents to abide by

¶512

G.O.Ms.No.43 dated 01.06.2014 and the petitioners seek similar relief from this Court.

¶513

Respondent No.3 filed counter-affidavit denying the averments made in the writ petition artd stated that as per Section 101 of the State Re-organization Act, 2OI4, the Government of Telangana issued Notification vide G.O.Ms.No.O2, Transport R&B (Tr,l) Department, dated 17.06.2014 duly adopting the Act, Rules and Notifications. It is further stated that the Government ol Telangana issued Circular Memo No.586,rTr.I(l)/2014, dated 28.O7.2014, clarifying that certain categories of vehicles are liable to pay tax at the specified rates and as such lery of tax was imposed under the provisions of the Telangana Motor Vehicles Taxation Act, 1963.

¶514

a. It is further stated that G.O.Ms.No.43 is said to have been issued in pursuance of Section 72 (ll of the Act, 2014, which provides for continuance of certain existing road transport permits only. Further, it is confined only to the permits and not to the Motor Vehicle Taxation Act. The

¶515

¶516

PsK,J&NNR,J - wP 29713 2014 3^bo'd')

¶517

Government of Andhra Pradesh has a-lready issued separate G.O.Ms.No.46, dated 01.06.2014 providing for continuance of permits already issued in the combined State.

¶518

[t is further stated that as per Section 4 of the Andhra Pradesh Motor Vehicles Act, 1963 (for short, APMV Act, 1963), which was adopted by the Government of Telangana, the tax levied under the Act shall be paid in advance. [t is stated that the Government issued Memo No.586/Tr.l(ll/2014, dated 28.07.2014 and clarified that the vehicles which are mentioned in the circular are liable to pay the tax at the specified rates. As such the levy of tax shall be made under the provisions of the APMV Act, 1963 and hence, the petitioner cannot claim that he is not entitled to pay the tax in the State of Telangana. Further, there is no provision in the said Act to authorize the validation of quarterly tax paid in one State though paid to both the States. Therefore, the petitioner is liable to pay tax at the time of entry into the State of Telangana for his vehicles covered by State-Wide Contract Carriage Permits issued by the State of erstwhile State of Andhra Pradesh, if tax is not

¶519

¶520

PSK,J&NNR,J wp-29713,2014 : Lafch

¶521

paid on or before 01 .06.2014. It is further stated that G.O.Ms.No.43 was issued prior to bifurcation ol the State. It is stated that vide G.O.Ms.No.2, the Government of Telangana adopted ali notifications issued under the APMV Act 1963, whereas G.O.Ms.No.43 was not issued in pursuance of the APMV Act, 1963 and therefore, it is not adopted by the Government of Telangana. Therefore there is no provision in the Act, 2Ol4 to authorize the validation of quarterly tax paid in one State or in both the successor States. Therefore, the petitioner is not entitled for any relief, including the interim relief and the ou,ner of the vehicle is liable to pay taxe s applicable to his vehicles, as per Section 3 of the APMV Act, 1963.

¶522

Learned counsel for the petitioners has pointed out that "as per G.O.MS.No.43 dated 01.06.2014, the quarterly tax, which is paid for arry quarter up to 31.O3.2O15 in any of the Successor States shall be deemed to have been paid for both successor Sates and thereafter a new Government to decide". Admittedly, the State of Telangana was carved out from the State of Andhra Pradesh

¶523

¶524

-,1#11-Ii;la-o

¶525

on 02.06.20 14 and formed into a Telangana State. As^per notification of the Government dated 02 .06.2014 , the said G.O.M.S.No.43, dated Ol.06.2Ol4 got validated and the salne 't(ras published in the A.P.Gazettee on O2.06.2014. He lurther submits that there is no requirement of G.O.Ms.No.2 of 2014 dated 17.06.2014 to specifica-lIy adopt G.O.Ms.No.43 ald as it was issued by the unified State of Andhra Pradesh under Section 72 (Ll of the Act, 2Ol4 it automatically applies to the State of Telangana as well. He further submits that the contention ol respondent No. I that G.O.Ms.No.43 is only applicable to tax payers, which were paid for Annual Motor Vehicle Ta-x prior to 30.05.2014 is contrary to settled principle of statues.

¶526

He further submits that the petitioners have paid tax ol Rs.1,6 I ,25O I - towards quarterly tax for the quarter ending 3O.O9.2014 on O2.O7.2014 at the Telangana border check post. He further submits that for the same vehicle, once again respondent No.6 collected tax of Rs. 1,61,250/for the quarter ending 30.09.2014 in Andhra Pradesh State on O3.07.2014 and he paid the same in interest of the

¶527

¶528

_, ti,ill,Tli 3^{E otc'L} contracting parties. It is further confirmed that when once 2nd petitioner vehicle's quarterly tax was paid, once again both the State ol Andhra Pradesh and the State of Telangana are illegally collecting the tax. The action of coilecting the quarterly tax by the Telangana Government is illegal though the Telangana Adaptation of Motor Vehicle Laws Order 2014 issued vide G.O.M.S.No.2 of 2014, dated 17.06.2014, states that all existing notilications under the AP Motor Vehicles Act 1963 have been adopted by the State Telangana, including G.O.Ms.No.43, dated 0I.06.2014 and the said G.O. is in operation till 31.03.2015. He also submits that G.O.Ms.No.43 specifically states that the quarterly tax paid for any quarter up to 31.03.2O15 in any of the successor states shall be deemed to have been paid for both the States. The Telangana Motor Vehicles Act, 1963 allows tax prayers to pay quarterly, half-yearly or annual taxes. The State was aware of the preference and used the term 'quarterly' in G.O-Ms.No.43. The petilioner is not liable to pay taxes in both states, if quarterly tax was already paid up to 31.03.2015. The petitioner argues that only goods carriers, not contract carriers, pay annual tax, and prefer not to pay

¶529

¶530

wp PSK,J&NNR,J29713 2014^,EJ.h

¶531

taxes upfront for the entire yea-r. No permit holders^paid alnua,l tax prior to the State's bifurcation.

¶532

L2. I-leard Sri D.Avinash Desai, learned Senior Counsel, rel)resenting Sri S.Arifullah, learned counsel for the petitionurs, Sri A.Sudershan Reddy, learned Advocate General, appearing lor the respondents-State of Telangana, in all the l,,,n t petitions and perused the record.

¶533

l-he learned Senior Counsel also submits that the Circular, clated 28.O7.2014 issued by the Principal Secretan', Government of Telangana provides that all transport vt'hicles entering into the State of Telangana from Anclhra Pradesh shall be treated as other State vehicles and shall be subjected to lery of motor vehicle tax. It is submitted that G.o.Ms.No.2 0f 2014, dated 17.06.2074 provides that:

¶534

"anglhing^{done or angaction} taken includ.ing any appointment made, notificotion, notice order, rule, Jortn, regulation, ce*ificate or licence issi.ted in exercise o;f the pou)ers conferred bg or under the laurs specified in the schedule and Motor Vehicles Act, 7988 and Central Motor Vehicles Ru les, I989 9 hall contlnue to be in Jorce in the Statc of Telangana,"

¶535

¶536

!',liillj, ",*

¶537

He further submits that the contention of the respondents that G.O.Ms.No.43 of 2Ol4 was not adopted by the Government of Telangana is without any basis and contrary to law. In support of his contentions, the petitioners also relied on the judgments of the Hon'ble Supreme Court in State, Central Bureau of Investigation v. A.Satish Kumar and othersr; Commissioner of Commercial Taxes, Ranchi and another v. Swarn Rekha Cokes and Coals (P| Ltd., and others2l Md.Ghouse Pasha v. The State of Telangana, represented by Public Prosecutor, High Court of Hyderabads; Ajmera Housing Corporation v. Cornrrrissioner of Ineome Ta:r+; Union of lndia v. TATA Chemicals limiteds; Gurudevdatta Vksss Maryadit and others v. State of Maharashtrao in Sneh Enterprises v. Commissioner of Customs, New DelhiT; Sandur Micro Circuits Limited v. Commissioner of Ceatral Excise, Belgauma; TATA Teleservices Ltd., v. Commissioner of

¶538

' 2025 SCC Online SC 15

¶539

'? {2004)^{6 Supremecourt Cases689}

¶540

3 Criminal Petition No.1OO54 of 2017

¶541

o 1zo1o1^{a Supremecourt cases739} t12ot41 6 supr"me Court Cases 335

¶542

6 (2001) 4 Supreme court cases 534

¶543

7 (2006) 7 Supreme court Cases 714

¶544

" 120081 1a Supreme^CourtCases 336

¶545

¶546

wp PSU&NNR,J29713 2014^{)t olch}

¶547

Customsg: Omkar Sinha and anothet v. Sahadat Khan and otherslo; Seva Sanstha Ltd., Dindewadi v. Proposed Shri Ch.Shivaji Maharaj Vividh Karyakari Sahakari Seva Society Ltd, Dindewadirland N.Mani v. Sangeetha Theatre and others12.

¶548

Learned Advocate General appearing for the respondents submits that G.O.Ms.No.43, dated O1.06.2014 was not adapted b1' the State of Telangana. He further submits that in exercise of the powers conferred under Section 101 ol the AP Re-organization Act 2014 (Centra-l Act 6 of 20l4l, the Governmer-rt of Telangana has made an order which is called 'the Telangana Adaptation of Motor Vehicle Larrvs Order 2014.' He further submits that in the same Gazette, it i s specificall5r stated that the Laws as amended from time to time. specified in the schedule to this order, which^q'ere in force in the State of Andhra Pradesh immediatel_r before the formation of the State of Telangana, are hereb_r' adopted in the State of Telangana, subject to the

¶549

e12006 l supreme Court Cases 746 to 120221^{12 supreme court} case 22g "^zotz 1:1^uh.1..t. t'12004; 12 Sup,".e court Cases 278

¶550

¶551

lillil#lie"*'"

¶552

modification mentioned in the schedule and shall be in force in the State of Telangana until repealed or amended subject to modification that throughout the Lar,r,'s for the words 'Andhra^{Pradesh', u,herever} they^occur, the^words 'Telangana'^{shal1 be substituted. It is also further notilied} that anything done or any action taken including arry appointment made, notification, notice, order, rule, form, regulation, certificate or licence, issued in exercise of the powers conferred by or under the laws, issued in exercise of powers conferred by or under the laws specified in the schedule and the Motor Vehicles Act 1988 and the Central Motor Vehicles Rules 1989 shall continue to be enforce in the State of Telalgana. He further contended that the said G.O.Ms.No.43, 01.06.2014 was issued pursuant to Section 72 {11 of the Act 2014. For the sake of convenience, the said provision is extracted as under:

¶553

n72. Ternporary prouisions as to corLtinuance oJ certain existing roqd. transport perlnits:- (7) Notwithstanding angthiftg contalned ln Sectlo'l aa of th.e Motor Vehicles Act, BBa $9 of 79Aq , a pennit gra.nted bg the State ?'ansport Authoritg of the existiag Strrte oJ An,dhtrr Pro.desh or ang Regional ?rq.nsport Authoritg in tioi"strt" shatl, if such perTnit wa-s, immed.idtety before the aE pointed dag, oalid. and effective in ang q.rea I the transferred territory, be d.eemed. to continue to be valid and.

¶554

¶555

-,-i',ii,"lli1a^o"r+

¶556

effectiae in that area after that dag till its period oJ aaliditg subJect to the prouisions of th(:t Act ds for the time being in force in thqt dreq; ond it shall not be^,recessa.ry for ang such pennit to be countersigned bg the State Transport Authoritg of Telangana or ang Regional Tldnsport Authority therein for the purpose o! ualidating it for use in such area.;

¶557

Prouided that the Central Goaernment may, afier consultation urith the saccessor State Governtnent or Goaemments concer"ted. qd.d to q.mend or vary the conditions dttached to the perrnit bg the Authoritg bg which the pertnit was granted.."

¶558

Learned counsel for the respondents further submits that prior to 01.06.20i4, 1,63,703 transport vehicles have paid annual tax and 74,498 transport vehicles have paid the half-yearly tax and hence, these tax payers will be protected under G.O.Ms.No.43 of 2014. In support of his contentions, he relied on the judgments of the Hon'ble Supreme Ccurt in Manoj Sahay etc. v. State of Bihar and othersl3 alrd State of Madhya Pradesh & Ors. v. Lafarge Dealers Association & Ors.la

¶559

Having heard learned Senior Counsel appearing for the petitioners, learned Advocate Genera-l appearing respondents and having perused the entire material on

¶560

13 2oo2 scc online Pat 170 to 120191^{7 supreme Court} cases 584

¶561

¶562

-liliiltli r'"

¶563

record, the point that arises for consideration before this

¶564

Court is:

¶565

" Whether the respondents are entitled. for cotlection of the quartertA tox in spite of tllc fact tl'Lat petittoners paid the tax for the quarter ending from 01.07.2014 to 30.O9.2O14 though theg uere possessing All Indiq Touist Vehicles."

¶566

L7. Admittedly, the State of Andhra Pradesh was bifurcated and the State of Telangana was carved out from the existing State of Andhra Pradesh and it would come into existence as on the appointed day. Appointed day means the day which the Centra-l Government by notihcation in the Officia,l Gazette of the Government of India has notified the Andhra Pradesh Re-organization Act, 2014 (Act 6 of 2Ol4l. The Government of India has notilied the said Act on 02.06.2014 as the Appointed Day, in exercise of the^powers conferred by clause (a) of Section 2 of the A.P. Reorganization Act, 20i4. The State of Telangana was carved out vide Official Gazette of the Government of India i.e., Gazette Notification No.S.O.655(E), dated 04.O3.2O14, Ministry of Home Affairs, Government of India. As per Section 3⁽²⁾ of the Act 2014, the notified day i.e., appointed day was 02.06.2014. The AP Re-organization Act 2014 has

¶567

¶568

--*ilHii^lbor.,"1

¶569

come into iorce on 02.06.2014. As per Section 1⁽¹⁾ of the Act 2014, the Government of Teiangana has adopted a-ll the Laws including the Telangana Adaptation of Motor Vehicle Laws Order 2014.

¶570

As per the pou'ers conferred under Section 101 of the Act, 2074, the Government of Telangana has made the Telangana Adaptation of Motor Vehicle La',r,s Order 2014 uide C.O.Ms.No.2, dated 17.06.2014. In view of the same, all the notifications inciuding the aJoresaid notifications i.e., G.O.Ms.No.43 dated 01.06.2014 issued under the A.P,M.V Act came into force in the State of Telangana. It is also further notified that the quarterly tax paid upto 31.03.2015 will be va-iid in both the States of Telangana and Andhra Pradesh and tax cannot be levied once again during this period. Though there was a specific G.O.Ms.No.43, dated 01.06.2014, in spite of the said G.O, the Government of Telangala u,as collecting the tax at every check post though they have a.lready paid the tax, quarterly tax etc. It is contention of the respondents that G.O.Ms.No.43, dated

¶571

¶572

PSK ]&NNR t wp 29713 20r+ A^bdo

¶573

01.06.2014 was not adapted by the Government of Telangana a]1d it was not as per the Motor Vehicles Act.

¶574

On perusing G.O.Ms.No.2, dated 17.06.2014, it was issued as per the powers conferred under Section 101 of the AP Reorganization Act 2O14. So a1so, harmoniously if G.O.Ms.No.43 is read together, the power which is conferred upon the Special Chief Secretary to the Government of Transport, Roads and Buildings Department was under Section 72 (ll of the Act 2014.

¶575

Section 72 (1) of the Act, 2Ol4 "says that temporary provisions as to continuation of certain existing road transport permits, notwithstanding anything contained in Section 88 of the Motor Vehicles Act 1988, (Act 59 of 1988) a permit granted by the State Road Transport Authority of the existing State of Andhra Pradesh or any Regional Transport Authorit_v in that State shall, if such permit was immediately before the appointed date, valid or effective in any area in the transferred territory, be deemed to be continued to be valid and elfective in that area after -\ that date, till its period of va.lidity subject to provisions of

¶576

¶577

-,;;lfl,H14^{t rch}

¶578

that Act as for the time being in force in that area^{and it} shall not be necessary for any such^permit to^be countersigned by the State Transport Authority^{of Telangana} or arrv Regional Transport Authority therein for the^purpose of validating it for use in such area.

¶579

2L. For the pulpose of facilitating the application in relation to the State of Andhra Pradesh or the State of Telangana of any law made before the appointed day, the appropriate Government may before the expiration of two years from that day by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effects subject to the adaptations and modifications so made until altered, repealed or amended by a competitive legislature or other competitive authority.

¶580

In the present case, considering the entire material and on a reading of Section 101 of the Act, 2014 it clearly states that all the laws which are made prior to the appointed date provides the power upon the Government to

¶581

¶582

*-liiillll:i, *"u

¶583

make such adaptation or modification of law by way of repeal or amendment. But, admittedly in the present case, such amendment or repea-l was made by the Government of Telangana in respect of G.O.Ms.No.43. The contention of the respondents is that the said GO was not adopted by them as it was not issued under the provisions of the Motor Vehicles Act and therefore, cannot be accepted for the reason that Section 7O(1) of the Act, 2014 empowers the Government to grant temporarlr provisions as to continuation of the existing road transport permits. Whereas, on perusal of the G.O.MS.No.2, it was issued in respect of adaptation of the Central Laws, Rules, Notihcations with respect to Motor Vehicle Act 1988 and on perusal of G.O.Ms.No.43, it was issued pursuant to the powers conferred under Section 72 (l) of the Act 2014, which deals with the provisions as to the continuation of the existing Road Transport Permits. Even as per Section 1Ol of the Act, 20 14 G.O.MS.No.2, was issued basing on the powers conferred under Section 101 of the Act, 2014. Th,e laws as amended from time to time specified in the schedule to the order includes all the notifications issued belore 02.O6.20 14 under the Motor

¶584

¶585

wp PSK,J&NNR,I29713 2014 A^L.kh-

¶586

Vehicles Act 1988 and Motor Vehicle Laws 1989 and so also AP Motor Vehicle Taxation Act 1963. As we said the subject matter is lr'ith respect to collection of the tax and the provision of powers which are conferred under Section 72 (ll is based on the Act,2014 even as on the date of the filing of writ petitions. Admittedly, neither the G.O.Ms.No.43 was withdrawn nor repealed or modified. As such, the contention of the respondents that the same was not adopted, cannot be accepted. Though modifications are made throughout the laws for the words 'Andhra Pradesh' u,herever they' occur, the words 'Telangana' shall be substituted It is also further notified that anything done or any action taken including an appointment, notification, order, rule, form, regulation, certificate or licence, issued in exercise of powers conferred by or under the laws specified in the schedule ald the Motor Vehicles Act 1988 and the Central Motor Vehicles Rules, 1989, shall continue to be in force in the State of Telangana

¶587

ln N.Mani's (12 supra), the Hon'ble Supreme Court held as follows:

¶588

¶589

!ilil^*i;lr^u.r.r

¶590

"It^{is well settled that ifan authorityhas a power} under the laur merely because while exercising that power the source of power is not specifically referred to or a reference is made to a wrong provision of law, that by itself does not vitiate the exercise of power so long as the power does exist and can be traced to a source available in law."

¶591

in Tata Teleservices Ltd (9 supral, the Hon'ble

¶592

Supreme Court held as follou,s:

¶593

"1O. We are of the view that the reasoning of the Bombay Bench of the Tribunal as well as that of the Andhra Pradesh High Court must be a{firmed and the decision of the Delhi Tribunal set aside insofar as it relates to the eligibility of LSP 340 to the b€nefit of the exemption notification- The Andhra Pradesh High Court rvas correct in coming to the conclusion that the Board had, in the impugned circular, predetermined the issue of common parlance that was a matter of evidence and should have been lett to the Department to establish before the adjudicating authorities. The Bombay Bench was also correct in its conclusion that the circular so-ughi.to impose a limitation on the exemption notification \a,hich the exemption notifrcation itself did not provide. It was not open to the Board to whittle down the exemption notilication in such a manner. The exemption notification merel_t' reproduced the language of Entry a525 20 l7 and since the exemption notification merely reproduced the tariff entry, the limitation sought to be imposed by the Board would tantamount also to reading the limitation into the classification itself. Since the issue uould be ultimately a question of evidence, the onus was on the Department to prove by appropriate evidence that the goods were classifiable under Entry 8525 20 19 being the residuary entry. This the Department could have done by negativing the claim of the importer\tqt the goods were classifiable under Tariff Entry 8525 20 17 ar,d by establishing that the imported goods could not

¶594

¶595

PSK ]&NNR ] wp 29711 2014^g Lrrt'*)

¶596

reasonably be classified under any other head. In this particular case the onus had not been discharged by the Revenue. The only evidence on record uas the opinion sought for by the Ministry of Finance itself and given by the Department of Telecommunications to thc eflect that the model LSP 340 was in fact covered by the phrase "cellular telephone'. Since there is no dispute that the technolos used in LSP 340 and the handheld mobile^phone is the samc, there is no warrant to limit either the tariff entry or the exemption notification to handheld cellular phones. Neither the range nor the size would make any difference."

¶597

In Sharn Rekha Cokes's (2 supra) the Hon'ble

¶598

Supreme Court held as follows:

¶599

"....,. ln these circumstances in the absence of anlrthing in the Industrial Policy, 2001 of the Government of Jharkhand or in the notification or order issued by the Government of Jharkhald, Notification No.SO No.478 dated 22.72.1995 must continue to operate in the State of Jharkhand and the appellants or respondents concerned, as the case may be, must be held entitled to be benefits and incentives envisaged by the said notilication. The submisst)n which found favour with the High Court of Jharkhand at Ranchi in Civil Appeal No.3765 of 2O03 is that the statutory notillcati()n issued b_v the erstwhile State of Bihar envisaged only intra State sale transactions and not inter-State sale transactions. With the coming into existence of two States, incentive by way of exemption from payment of sales tax cannot be claimed in respect of transactions which can now be categorized as inter-State sale lransactions. The submission overlooks the provisions of Sections 84 and 85 of the Act which create a legal frction. It is well settled that in interpreting a provision creating a legal fiction, the Court must ascertain the purpose for which the frction is created and having done so, to assume all those facts and consequences which are incidental or inevitable corollaries to the gi\ring effect to the fiction. When the law requires that an imaginary state of affairs should be treated as real, then unless prohibited from doing so, one must also imagine as real the consequences and incidents

¶600

¶601

-i"}lilli:l r#reh

¶602

which, if the putative state of affairs had in fact existed, must inevitably have flowed from or accompanied it. As Lord Asquith in East End Dwellings Co.Ltd v. Finsbury Borough Council [1951] 2 Al l ER 587, Al I ER at p.589 observed that having done so, ,vou must not cause or permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs. Section 84 bids us to imagine that despite the division of the erstwhile State of Bihar into two States, any law in force immediatel]' before the appointed day, notwithstanding territorial references in them, shall until otherwise provided by the competent legislature or other competent authority, be construed as meaning the territories within the competent authority, be construed as meaning the territories within the existing State of Bihar before the appointed day..........."

¶603

karned Counsel for the respondent relied on

¶604

Lafarge Dealer Assocation's (1"4 supra! it was held thus:

¶605

"....The said {iction does not postulate and cannot be^{extended to} imagine that for the purpose of sale transactions or even for other purposes, the new State did not have any political and constitutional existence as a separate State and that till a new lawwas enact€d, the two States were to be treated as one political State as it was before the reorganization. The sale transactions which were hitherto intra-State sales being within the unilied State of Bihar would become inter-State transactions once the two ne\v States had come into existence. The provisions do not stipulate that such transactions would continue to be treated as intra-State transactions notwithstanding creation of the new State."

¶606

According to the petitioner, the^judgments relied upon by the respondent are not applicable to the factual scenario of the present case. In Manoj Sahay (13 supraf, the High Court of Patna held that vehicle tax^was held to be

¶607

¶608

-,,!',;il}il^s*,r<l1

¶609

payable in the separate State of Jharkhand after the separation of Bihar and Jharkhand. However, it is submitted that the said judgment is distinct, and not applicable to the facts of the present case as no notihcation alike G.O.MS.No.43 was passed in the facts of that case, which exempted payment of motor vehicles tax for a certain period after bifurcation in the separated States.

¶610

Further, in Lafarge Dealer's (14 supraf the ratio laid down in paras 29 and 3O in CCT v. Swarn Rekha Cokes and Coals (P) Ltd (2004) 6 CC 689 was overruled. It is submitted that para 29 of Swarn Rekha pertains to the impact of the alteration of the law in question by the separate State of Jharkhand through the enactment of a new industrial policy, which is not applicable to the facts of the present case. Even as per the AP Telangana Motor Vehicle Taxation Act 1963, Act 5 of 1963, the definition pa-rt in respect of the year, which means the financial year, the definition part under Section 2 (i), which defines year, means the financia-I year, half year means the first six months and

¶611

¶612

*-!iilll,Tl,lr'-16

¶613

second six months of such year and the quarter mearrs the Iirst three months or the second three months of such half year.

¶614

Further, uide Memo No.lL2/Sl2Ol4, dated O3.O7.2O14, the office of the Transport Commissioner, Telangana State issued certain clarilication in view of bifurcation of the State of Andhra Pradesh as per the A.P. Re-organization Act, 2014 with effect from 02.06.2014 on various issues relating to vehicles tax, compounding fee and release orders in view of bifurcation, in which some of the clarifications are listed as follows:

¶615

ls.No.l	Issue	Clarification
I I I I I I	Itis informedthattaxpaid for arry quarterupto31.03.2015 in any of theStatesof Telanga;raandA.P.sha-Iibe deemedtohavebeenpaidin boththe States. Willthis applytovehicles basedin other States otherthan Teianganaalso? If for example,aKarnatakaor Maharastrabased vehiclepays quartedy tax, forAITs,orSTL tax for othervehiclesin Andhra, shallitbe honoured inTelangana? I	No.Thiswill notapplyto vehiclesofotherStatesother thanA.P.All thepassenger vehiclesandgoodsvehiclesof otherStates(otherthanA. P.) aretobeinsistedupontopay alltaxes as applicabletoottrer Statevehicles cominginto Telangana.IrrespecLiveoftax paidinAndhraPradeshState bythese vehicles.
2 I	Ifquarterlytaxispaidin AndhraPradeshforAndhra basedvehicles,what sortoftax shall bedemandedin	As perG.O.Ms.No.43,dated Ol.06.2014ofTR&B(Tr-1) Dept.,Go.AP,"theQuarterly Taxpaidforany quarterupto

¶616

¶617

	P5K]&NNR] wp29713 2014^3ba*<'l.]
Telangana?	31.03.2015in any ofthe successorStatesshallbe deemedtohave beenpaidfor boththesuccessorStates." Hence,quarterlytaxpaidin A.P.upto3 I.03.2015forA.P. basedr.ehiclesshallbe honouredinTelalganaand thereis noneedto1e.ry additiona-ltaxin Telangalafor such vehiclestill31.03.2015.
3 lf aAndhraPradeshbased vehicleisfoundinTelangana notcoveredby home Statetax,	As perG.O.Ms.No.43,dated 0l.06.2014ofTR&B(Tr-1) Dept., quarterlytaxpaidfor anyquarterupto31.03.2O15 shallbedeemedtohavebeen paid for both theStates.Iftax isnotpaidinA.P.andnon- pa).rnenlisdetectedin Telangana.,it shallbe presumedt]:athome Statetax is not paid and taxin Telanganashallbeinsisted uponasperG.O.Ms.No.285, dated15.09.I984.
	Inallsuchcases,asisthe practice,theownershailbe insistedonclearinghishome Statetaxduesfirstandthen comebacktopay CFandtaxes for theStateofTelangana.

¶618

On perusal of the same, the said clarification does not have

¶619

statutory force as it being in the lorm of clarification. As such, it calnot be a statutory order to enforce the same. Therefore, the taxes cannot be collected under the said circular.

-,_!iii.,tX;i'.*

Fr.rrther, G.O.Ms.No.43 would very well come within the notification issued by the Government by way of G.O.Ms.No.2 dated 17.06.2014. As such, the respondents are bound b-, the said G.O. In view of the same, subsequent collection of the tax from the petitioners, though having collected the same for one quarter till 3lst March 20 15, is not proper and it is illegal.

¶624

Considering the above circumstances and in vieu, of the reasons cited, this Bench is of the opinion that collection of tax by the respondents commencing from Ol.O7.2Ol4 ending with 30.09.2O14 in spite of payment of the tax for the said quarterly period has to be treated as the tax which is paid up to 31.03.20i5 and it whould be valid in both the States of Telangara and in Andhra Pradesh and the same cannot be levied once again during the said period.

¶625

The tax sha-ll be taken as the quarterly tax paid AS per G.O.Ms.No.45 ald the respondents are prohibited from collecting the quarterly tax once again on the ground that collection of quarterly tax by either of the Governments i.e., the State of Telangana or the State of Andhra Pradesh

¶626

¶627

A^Eot<h ",i,:;iil,lli

¶628

sha-ll be treated as the payment of tax for both the States which was already paid by the petitioners. Therefore, the action of the respondents in collection of quarterly tax from the petitioners in respect of All India Tourist Vehicles is illegal and void and contrary to G.O.Ms.No.43, Transport, Roads arrd Buildings (TR-l) Department, dated 01.06.2014 and the respondents are further directed not to collect or insist upon the petitioners to pay the quarterly tax which was already paid during said period and the same shall be taken as a payment made for both the States. In view of the same, the respondents' contention cannot be accepted.

¶629

For the said reasons, W.P.Nos.2 1257, 2I44a, 22330, 2233s, 22s41, 23073, 23075, 23076, 23083, 24613, 24797,28715,297 13 and 34340 OF 2014 are deserves to be allowed.

¶630

Scr far as W.P.Nos.9666, 9259 and. 9421 of 20 15 are concerned, the said w,rit petitions are filed and joined along with batch of Writ Petition No. 21257 of 20 14. Whereas, the present u,rit petitions are filed questioning action of the respondent and also seekjng

¶631

¶632

?#lil#ii,**

¶633

declaration that G.O.M.S No. 15, Transport, Roads and Buildings (TR-l), Department, dated 3O.O3.2O15 issued by the l"t respondent, is illegal and void. That the State of Telangana is not entitled to levy tax and collect motor vehicle tax with effect from 01.04.2Oi5 onwards in respect of the petitioners state-wide contract carriage vehicles as mentioned in the cause title as long as Hyderabad continues to be common capital of the State of Andhra Pradesh and the State of Telangana, as per Section 5 of AP Re-organization Act, 2O 14.

¶634

As seen from the record, W.P.Nos.9666,9259 and 9421 of 2O15 were filed after passing of the interim order dated 13.11.2014, in batch of Writ Petition No. 21257 of 2014 and batch. The said interim order is reproduced as under:

¶635

"These vacate stay applications have been taken up for clar-iflcation of our interim order earlier granted. The relevant portion of the said order reads as follows:

¶636

"Tax already collected by both the States, if any, shall abide by the result of the \l,rit petitions. In future as an interim measure, we direct both the States must respect the decision talen on 0l.06.2014 and no oflicial shall act contrary to the said decision.

¶637

¶638

PSl T&NNR] . wp 2e713 2o1a^{A bodc+,}

¶639

"The quarterlg tox paid for ang q)arter upto 31 .03.201 5 in any of the successor Stares sholl be deemed to houe been paid for both ttrc .successor -states anul thereafier net Gouemm.ents to decide.'

¶640

The language of the aboue order is uery plain and does not contoin anu anbiguitg. It is not difficlit for Lts to clarifg our inteim order in the cotiert of the aforesaid impugned order.

¶641

We claifg that irrespectiue of the date of paAment ond collection whether before or after 01.06.201.1 tJ^pagm.ent is made bV ang vehicle owner in aduance for ang quarter upto 31.Q3.2015 to either of successor Slares then another sLccessor State can releose the tax once aga[rt for the said peiod because tLLe order ts uery specifc that collection bg either of tle Stotes./or the aboue peiod u.till haue to be opportioned in act:ordance with the prouisions of Section 72 (1) of the Andhra Pradesh Re-Organization Act, 2014 and this order is in cotTsonatlce with the said provisiot of the Act. Accordinglg, both the State Couernments shall Act. We make it clear that pagment mode bg ang uehicle ou.tner in relation to ang quarter afier 31.O3.2O1.; obuiouslA uill haue to be collected. by the respectiue state.

¶642

Accordinglg, WVMPs are disposed of-'

¶643

So, also the order, dated 30.07.2O14 passed by

¶644

this Court is also extracted hereunder:

¶645

"W.P.No.21257 of 2O14 'The Wit Petition is admitted for heairry Rule nisi. CaL[ for records. Nottce returnable tn four weeks.

¶646

W.P. M. P. No.2(,656 &,26657 of 2014

¶647

Let tlle counter^qlfidouit be fi.ted wttlrtn a period of three weeks Jron todag. Affidauit in repllt to be llled uith t two weeks thereaf.er. No separate rtotice need be issue., as the leamed^(jouemment Pleade-rs for both the Sfcres Drust respect The decision taken on O1.O6.2014 qnd no official shall act contrary to ttrc said decision.

¶648

Matler to appear ftue ueeks hence."

¶649

¶650

I#illlli e*'a

¶651

Coming to W.P.No.97O5 of 2O15 and batch, the main grievance of the petitioners is that they have challenged G.O.Ms.No. 15 Transport, Road and Building Department on the ground that the Government Order was passed by the State of Telangana wherein the it was decided and further notified to le'"y the Motor Vehicles Tax at the specilied rates and periods on all the transport vehicles including the contract carriages, goods carriages, motorway cabs, maxi cabs, commercia-l tractor-trailers, passenger auto rickshaws entering into the State of Telangana from Andhra Pradesh, treating them to be as other State Vehicles. The petitioners are owners of the state-wide contract carriages, buses, for which permits are gralted by the transport authorities of the undivided State of Andhra Pradesh, which are valid as on the date of filing of the writ petitions and these permits enable the petitioners to ply their buses within the area of the undivided State of Andhra Pradesh. On bifurcation of the both States of Andhra Pradesh and Telangana it is contended by learned counsel that for the respondents that Hyderabad is to be a common capital for \r both the States of Telangana and the State of Andhra

¶652

¶653

_,::'lll,Hi A^df<h Pradesh for a period not exceeding l0 years. It is further contended that in view of the same as people from the Andhra Pradesh do visit Hyderabad as such under Section 72 of the Act of 2O 14 which says that no toll entrance fees or other charges of like nature shall be levied after the appointed day in respect of any transport vehicle for its operation in any of the successor States under any such permit. Further, the erstwhile State of Andhra Pradesh has issued G.O.M.S.No.43, Transport, Roads and Buildings, (TR1), Department dated OI.06.2Ol4, directing the quarterly tax paid for any quarter up to 31st March 2015 in any of the successor states shall be deemed to have been paid for both the successor states ald the respective Governments are directed to decide this for the subsequent period. It is the grievalce of the petitioners that as the State of Telangana was not implementing the aforementioned order and forcibly collecting the tax in the State of Telangana, the operators have preferred similar batch of writ petitions before this High Court and wherein an interim order of stay was granted on 3oth July 2014., to the effect that tax already collected both the States, if any, shall abide by the result of

¶654

¶655

-,-!3iil',Tli ^"*

¶656

the writ petitions and further directed that both the States must respect the decision taken on 01.06.2014 and no official shall act contrary to the same.

¶657

Besides that, it is also further contended that the State of Telangana has adopted the Andhra Pradesh Motor Vehicles Act 1988, AP Motor Vehicles Taxation Act 1963 and certain 1aws, rules, and notifications issued thereunder. It is further argued and contended that the notification is contrary to the provisions of Section 72 of the Act 20 14 and the petitioner vehicles holding valid permits in undivided State shall be treated to be the vehicles of State of Teiangana a,lone and not of other State vehicles

¶658

lt is further contended that, including the petitioner is the one who r,l'as exempted from paying tax in the State of Telangana and vice versa in terms of G.O.Ms.No.43 dated Ol.06.2014 and contended that the Telalgana State has no pou,'er or jurisdiction to impose Motor Vehicle Tax on the petitioner's vehicle with effect from O 1.04.2015. The Central Government has not authorized the State Government to label the same as provided under

¶659

¶660

",-'i}i:r,,lj^{3 bak,1}

¶661

the provisions of Sub Section⁽²⁾ of Section 72 of the Act,

¶662

¶663

It is appropriate to extract sub Section (2) of

¶664

Section 72 ol t]ne Act of 2O 14 hereunder:

¶665

"72,^{Temporaryprouisions as tocontl,lruanceof} certain existing road transport permits:-

¶666

(1)

¶667

(2) No tolls, entrance fees or other charges of a like nqture shall be leuied afi.er tle appointed day in respect of ang lranspc)rt uehicle for its operations in ong of the successor States under anA such permtt, if such uehicle uo-s, imm-edicLtelg before thnt dag, exempt from the paAment of any such toll, entrance fees or other cha.rges for its operations in th.e transferred territory;

¶668

I'rouided thctt the Central Gouernment mag, afr.er consuUation utth the State Gouemment or Gouenttlents concented, authoise tte leuy of any such toll, entronce feeds or other clvrges, as the case maA be:

¶669

l'rovided further that the prouisions of this sub-section sha,ll not be applicable tuhere ang such tolls, entrance lees or olher charges of a like nature are leviable for the use of an road or bi<.lqe tuhich is constnrcted or developed for commercictl purpose bg the Stqte Gouemment, an undertaking of the State Gouenrnent, a joint und.erstantding tn uhich the Stote Oouenrrnent is a slrureholder or the prtuate sector."

¶670

4L. As per sub Section (2), no tolls, entrance fees or

¶671

other charqes of like nature shali be le,u"ied after the appointed day 1n respect of any transport vehicles lor its operation in any of the successor states under anv such permit, if such vehicles were immediately before that day

¶672

¶673

d. b"'ith ",_31i"1#1.;

¶674

exempted from the payment of aly such tolls, entrance fees or other charges for its operation in the transferred territory, provided that the Central Government may, after consultation u.ith the State Government or Governments concerned, authorize the levy of any such toll, entrance fees or other charges as the case may be, provided further that the provisions of this subscription shall not be applicable where any such toll, Entrance fees or other charges of a like nature are leviable for the use of any road or bridge which is constructed or developed for commercial purpose by the State Government, an undertaking of State Government a joint undertaking in which the State Government is a shareholder or the private sector.

¶675

The very contention of the petitioners is that the State of Telangana is not entitled to levy and collect Motor Vehicle Tax with effect from 01.04.2015 onwards in respect of the petitioner, State-wide contract, carriage making as mentioned above and the very G.O.Ms. 15, Transport, Road and Buildings (TR-l) Department, dated 30.03.20i5, issued by the l"t Respondent, is iilegal; G.O.Ms.No.15, which says

¶676

¶677

-,',ii1l-,tii^{a &tch} that the said GO t'as issued pursuant to G.O.Ms.No.43 wherein it is stated that the erstwhile State of Andhra Pradesh have issued orders that in pursuance of the provisions of Section 72 (ll of the AP Re-organization Act 2014, the Governor of Andhra Pradesh resolved the quarterly tax paid for any quarter up to 3lst March 2015 in any of the successor States shall be deemed to have been paid for both the successor States. Further, as per the G.O.Ms.No.2, the State of Telangana has adopted all the Acts, Rules, Common Notifications, etc. issued prior to 26.03.2014 and sha11 continue to be enforced in the State of Telangana. The State of Telangana has also adopted the State enactments, enactments of the AP Motor Vehicles Ta-xation Act 1963 and AP Motor Vehicles Taxation Rules 1963 and all notilications issued under the AP Motor Vehicles Taxation Act 1963.

¶678

Further, issuance of G.O.Ms.No.15, dated 30.03.20 15, u,hich is the impugned GO under the present writ petitions was issued pursuant to the directions issued by the then High Court for the State of Telangana and for

¶679

¶680

-l',iiil,til r^o"t

¶681

the State of Andhra Pradesh, in the present batch of writ petitions and also batch of Writ Petitions Nos. 21257 arrd 21562 of 2Ol4 and writ petition Nos. 7928 and 7982 of 2016, dated 25.03.2015. Further in exercise of the powers conferred under Section 3 of the Telangana Motor Vehicle Taxation Act, 1963, as adopted vide G.O-Ms.No.2, 17.06.201, as we said, the G.O. came into effect from 01.04.2015.

¶682

In view of the same, it is clear that the said G.O. is applicable from the date i.e., on 01.04.20 15. The further contention of the petitioners is that in view of G.O.Ms.No.43 and G.O.Ms.No.2, dated 17.06.2014, the quarterly tax which was paid for any quarter up to 01.03.20 15 in any successor State shall be deemed to have been paid for both the successor States and thereafter new Government has to decide on the issue. So pursuant to the said G.O. and the directions given by this Court, the present G.O.Ms.No. 15 '"l,as^{issued. As per G.O.M.SNo.43, no doubt any quarterly} tax which is paid as per the definition of the quarter which is defined under the Motor Vehicle Taxation rvhich

¶683

wp_29173 PSK,]&NNR,J2014 3 botcl,

¶684

specificallv states that arly quarter of the iour months of the year^.,'hich is paid

¶685

This Court by order dated 13.11.2014 in WVMP in present batch of writ petitions i.e., W.P.No.297 13 ol 2Ol4 and batch held that irrespective of the date of^payment and collection, whether before or after 01.06.2014, the payment is made b)' an), vehicle ovi,ner in advance for any quarter up to 31.03.2O I 5 to either of the successor States, then another successor State ca-nnot realize the tax once again for the said period, because the order is very specific that collection bv either of the State for the above period will have to be apportioned between both States in accordance with the provisions of Section 7O (1) of the AP Reorgalization Act, 20 14. This order is in consonance with the said provision of the Act anrl accordingly, both the State Governments shall Act and this bench makes it clear that payment made by any vehicle os,ner in relation to any quarter after 31.03.2015, obviously for further quarters will have to be collected by respective States.

¶686

¶687

!"lil"#ijl^u't"t'

¶688

In view of the same, this Court is of the opinion that G.O.Ms.No. 15, which was issued by the State Government of Telangana, and come into force from 01.04.2015, would be very weII within the ambit and power of the Government of the Telangana, and this Court does not see any grounds to question the competency of the Government of Telangana, and there is no illegality that can be seen in issuance of the said G.O. Hence, petitioners are not entitled for any such relief or for issua:nce of writ or direction seeking the relief to declare G.O.Ms.No. 15, and this Court is of the opinion that the State of Telangana is entitled to lely, and collect motor vehicle tax with effect from OL.O4.2015 onwards, in respect of the petitioners State-wide contract mentioned in the carriage, and the contention that it continues to be the common capital of the State of AP and State of Telengana as per Section 5 ol the AP Reorganization Act,2Ol4, carrnot be accepted, and as such, the petitioners are not entitled for any relief as sought for and both the States are entitled to collect the tax from the date of 0 1 .04.20 15 if not paid.

¶689

¶690

*-1"!ii^iil ^".,-,

¶691

We iurther make it clear that any quarterly tax

¶692

which is paid br.the petitioners prior to 31.03.2015, shall be

¶693

apportioned by both the States, in accordance with Section 70 ( 1) ol the AP State Re-organization Act (9 of 20 14), and that either of the States are not entitled to, or entitled to insist upon the petitioners to pay the quarterly tax, which is

¶694

already paid for the said period and the petitioners are

¶695

entitled to pl_y their vehicles as per the permit or the tax

¶696

which is received till the expiry of the said permit or the tax

¶697

which was received

¶698

There i s no illegality in issuing the said

¶699

G.OMs.No.15, 30.03.2015 and also not contrary to any of

¶700

the provisions of AP Reorganization Act 2014 and so also the

¶701

AP, Telangana Motor Vehicle Taxation Act or the Rules. As

¶702

such, the contention of the petitioners cannot be accepted,

¶703

and W.P.Nos.9666,9259 and 9421 of 2015 filed bv the

¶704

petitioners deserve to be and are liable to be dismissed

¶705

Accordingly, W.P.Nos.21257, 21448, 22330,

¶706

22335, 22347, 23073, 23075, 23076, 23083, 24613, 24797 ,

¶707

28145, 29713 and 34340 of 2Ol4 are allowed and

¶708

¶709

¶710

PSK,J&NNR J wp 29713 2014 3 bo*ch

¶711

W.P.Nos.9666, 92Sg and 9421 of 2Ol5 are dismissed.

¶712

There

¶713

shall be no order as to costs.

¶714

Miscellaneous petitions, if any, pending in these writ

¶715

petitions, shall stand closed.

¶716

sol-s. rurni.r-rxARJu NA RAo ASSISTANT REGISTRAR //TRUE COPY/I

¶717

e,,.-

¶718

SECTION OFFICER

¶719

One fair copy to the HON'BLE SRI JUSTICE P.SAM KOSHY (For His Lordship's Kind Perusal)

¶720

AND

¶721

One fair copy to the HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA (For His Lordship's Kind Perusal)

¶722

¶723

The Principal Secretary to Government, Transport, Roads and Buildings (TR.l) Department, $ecretariat, State of Telangana at Hyderabad.

¶724

2 The Principal Secretary to Government, Transport, Roads and Buildings (TR.l) Department, Secretariat, State of Telangana at Hyderabad, The Transport Commissioner, State of Telangana, Hyderabad.

¶725

The Transport Commissioner, Andhra Pradesh, Hyderabad. E The Transport Department Check Post, Shapur, Ranga Reddy District, Telangana State.

¶726

6 The Transport Department Check Post, Zaheerabad, Telangana State.

¶727

The Transport Department Check Post, Penukonda, Ananthapuram District, Andhra Pradesh State.

¶728

The Transport Department Check Post, Kurnool, Andhra Pradesh State. o 1'l L R Copies. '10 The Under Secretary, Union of lndia, Ministry of Law, Justice and Company Affairs. New Delhi.

¶729

11 The Secretary, Telangana Advocates Association Library, High Court Buildings, Hyderabad.

¶730

12 Two CCs to GP FOR TRANSPORT, High Court for the State of Telangana at Hyderabad [OUT]

¶731

'13 Two CCs to ADVOCATE GENERAL, High Court for the State of Telangana at Hyderabad [OUT]

¶732

14 One CC to SRI S.ARIFULLAH, Advocate [OPUC]

¶733

15 One CC to SRI S.A.K.MYNUDDIN, Advocate (OPUC)

¶734

16 One CC to SRI N BHUJANGA RAO, DEPUry SOLICITOR GENERAL OF lNDlA, Advocate [OPUC]

¶735

17 One CC to SRI S.S,VARMA (SC FOR NHAI), Advocate (OPUC) 18 One CC to SRI RAJANIKANTH JWALA, Advocate (OPUC) '19 Two CD Copies

¶736

SA BS

¶737

HIGH COURT

¶738

DATED:1 211112025

¶739

I {ii! SIa
(
oo 7 j Fts Zf/26 I
I
* -'-/i'
t

¶740

COMMON ORDER

¶741

W.P.NOS.21257 0F 2014 9259 9421 AND 9666 0F 2015 21448 22330 22335 22341 23073 23075 23076 23083 24613 24797 28145 29713 AND 34340 0F 2014

¶742

ALLOWING ALL THE WRIT PETITIONS

¶743

WITHOUT COSTS.

¶744

.'(

Pohtula Bala Obula Reddy, Kadapa,a.P.,and 7 Otrs. v. the State of Tg.,Transport,Hyd.,and 9 Otrs.

Case brief

What is this about?

What did the court decide?

Pohtula Bala Obula Reddy, Kadapa,a.P.,and 7 Otrs. v. the State of Tg.,Transport,Hyd.,and 9 Otrs.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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