APHC010083492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4758/2026 Between: 1. ANTHANTI GURU PRASAD,, S/O.RAGHAVULU, AGED ABOUT 39 YEARS, OCC BUSINESS, R/O.D.NO.9-182, TEACHERS COLONY, VENKATAGIRI TOWN, SPSR NELLORE DISTRICT-524132. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, ROADS AND TRANSPORT DEPORT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237 2. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP.BY ITS MANAGING DIRECTOR, RTC HOUSE, VIJAYAWADA, KRISHNA DISTRICT-520001 3. THE REGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT- CORPORATION (APSRTC), TIRUPATI, TIRUPATHI DISTRICT (OLD CHITTOOR DISTRICT)-517501 4. THE DISTRICT PUBLIC TRANSPORT OFFICER, (APPTD), ANDHRA PRADESH STATE ROAD- TRANSPORT CORPORATION (APSRTC), TIRUPATHI, TIRUPATHI DISTRICT (OLD CHITTOOR DISTRICT)- 517501 5. THE DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT- CORPORATION (APSRTC), VENKATAGIRI DEPOT, TIRUPATHI DISTRICT, (OLD SPSR NELLORE DISTRICT)-524132 ...RESPONDENT(S): 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings E4/LO/259(Rep-30)/2016- RM(N)-DPTO(T), dated 06.01.2026 issued by the 4th respondent in not considering the petitioner request for issuance of Clearance 2 Certificate in respect of the the petitioner bus bearing No.AP 26 TD 8880, while delivering the possession of the said vehicle to the petitioner as illegal, irregular and contrary to law and consequently direct the respondents dated 06.01.2026 herein to issue clearance certificate in respect of the said bus by accepting the undertaking would be furnished by the petitioner forthwith in the interest of justice and to pass such IA NO: 1 OF 2026 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 may be pleased to direct the respondents herein to issue clearance certificate in respect of the petitioner bus bearing registration No. AP 26 TD 8880 to the petitioner not withstanding with the impugned proceedings issued by the 4th respondent in E4/LO/259(Rep-30)/2016-RM(N)-DPTO(T), dated 06.01.2026 forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4758 of 2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings E4/LO/259(Rep-30)/2016-RM(N)- DPTO(T), dated 06.01.2026 issued by the 4th respondent in not considering the petitioner request for issuance of Clearance Certificate in respect of the petitioner bus bearing No.AP 26 TD 8880, while delivering the possession of the said vehicle to the petitioner as illegal, irregular and contrary to law and consequently direct the respondents herein to issue clearance certificate in respect of the said bus by accepting the undertaking would be furnished by the petitioner forthwith in the interest of justice and to pass such.…” 2. Impugning the proceedings dated 06.01.2026, the Writ Petition is filed. 3. Heard Sri Naga Praveen Vankayalapati, learned counsel for the petitioner and learned Assistant Government Pleader for respondents. 4. The 4th respondent/ the District Public Transport Officer has passed order, directing the petitioner herein to file an application before the tribunal in the concerned O.P. with a prayer to record his undertaking to indemnify the Corporation, in the event of any decree/ Award being passed against the Corporation exclusively or jointly and 4 severally. This finding has been challenged in the present Writ Petition. 5. Relying on the Orders of this Court in W.P.No.10413 of 2022 dated 19.04.2022, a learned Single Judge of this Court has disposed of the Writ Petition vide W.P.16564 of 2019, dated 29.10.2019, observing that there is no need/ no necessity for the petitioner to go to the Motor Accident Claim Tribunal and file a separate application along with an undertaking to indemnify the Corporation inter alia observing that the respondent cannot insist the petitioner to file an application before the Motor Accident Claim Tribunal with an indemnity bond. 6. In the present case, the petitioner agrees to indemnify the Corporation. 7. Therefore, there shall be a direction to the 4th respondent to issue No Objection Certificate to the petitioner in respect of the Bus bearing No.AP 26 TD 8880, on his furnishing an appropriate undertaking on the stamp paper in favour of the 4th respondent- Corporation, indemnifying against the losses, damages, the bond should be furnished within a period of two (02) weeks from the date of receipt of copy of this Order. 8. With the above said directions, the present Writ Petition is disposed of. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 27.02.2026 SCH 6 197 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4758 of 2026 Date: 27.02.2026 SCH