Rapelli Vidya Sagar v. Telangana State Road Transport Corporation

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.4548 of 2019 ORDER:

Heard.

2.

Petitioner was granted license for running Fast Food business in stall No.8 of Godavarikhani Bus Station. The license period commenced on 12.01.2018 and the license is valid for a period of five years. As per the terms of agreement, license fee of Rs.25,002/- per month was fixed for a period of three years to be enhanced to Rs.27,502/- and Rs.37,627/- respectively for the later two years. In this writ petition, petitioner challenged the e-tender notification issued on 13.02.2019 by the Regional Manager, Telangana State Road Transport Corporation, Karimnagar. The e-tender notification also covers establishment/running of various outlets in Godavarikhani Bus Station against Sl.Nos.9 to 14. Specific grievance of the petitioner is against shops shown at serial numbers 9, 10 and 11.

3.

According to the learned counsel for the petitioner, as the petitioner was granted license to run Fast Food business, granting of license to new licensees to do business in selling of various food items obviously affect petitioner's business and thereby affect his livelihood. He, therefore, submits that during subsistence of petitioner's contract, a new outlet, which can sell food products, cannot be permitted.

4.

As fairly submitted by the learned counsel for the petitioner, there is no clause incorporated in the contract prohibiting the respondent-Corporation from granting license to establish food

retail outlets in the bus station. That being so, the petitioner cannot object for establishment of new food retail outlets and the e-notification issued cannot be held to be illegal. Further, the petitioner is seeking to stall the establishment of rival business and intend to monopolize the business activity of selling fast food items, which cannot be permitted. Therefore, I see no merit in the writ petition and the same is liable to be dismissed. 5.

Accordingly, the Writ Petition is dismissed. Miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

_____________________ P.NAVEEN RAO, J 6th March, 2019.

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