High Court for State of TelanganaWP/27161/2015disposed of no costs

A.Venkat Reddy v. The State Of Telangana

2015-08-26A Ramalingeswara Rao2 pages

IN THE HIGH COURT OF JUDICATURE: AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.27161 of 2015 BETWEEN:

A. Venkat Reddy, S/o. Janga Reddy .. Petitioner AND The State of Telangana, rep.by its Principal Secretary, Transport Department, Secretariat Buildings, Hyderabad and 3 others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 26.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments? YES/NO

2. Whether the copies of judgments may be marked to Law Reporters/Journals. YES/NO

3. Whether their Ladyship/Lordship wish to see the fair copy of the Judgment ? YES/NO THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No.27161 of 2015 ORDER:

The petitioner is a petty businessman carrying on his business at the shop located in Chevella Bus Station. When the respondents 2 to 4 decided to construct shops under DOT scheme in the bus station,

they issued a notification on 27.06.2011.

The petitioner submitted an application on 09.08.2011 and he was declared as successful bidder for grant of licence for construction of shop No.7. The said shop was allotted on a monthly licence fee of Rs.5,000/- for the first five years with a provision for increase of 5% every year from 6th year to 20th year. The petitioner deposited the amount of Rs.2,30,000/- towards non-refundable security deposit for construction of the shop but he was not given it and in the meanwhile he has been continuing in the temporary shop located in the same bus station. When there is a threat of dispossession of the petitioner, the present writ petition is filed.

At the admission stage, Sri N. Vasudeva Reddy, learned standing counsel appearing for the respondents 2 to 4 - Telangana State Road Transport Corporation submits that construction of shop No.7 was completed and possession would be handed over to the petitioner shortly as per the terms of allotment. In the circumstances, the writ petition is disposed of directing the respondents 2 to 4 not to evict the petitioner from the temporary structure till possession of shop No.7 is given by the respondents 2 to 4 to the petitioner as per the terms of allotment. However, if the respondents 2 to 4 are not in a position to hand over the allotment, they should issue appropriate notice to the petitioner if they want to take any action for eviction from the temporary structure. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J Date: 26.08.2015 Isn