R.Narender v. Telangana State Road Transport Corporation
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 19137 OF 2021 Between:
1. R.Narender, Son of Venkatesham, Aged about 50 years, License Holder of Stall Nos.26, 30, 73, 104, in MGBS, Hyderabad
2. P. Ravi Kanth, Son of P.Vithal Rao, Aged about 50 years, License Holder of Stall Nos.6 and 17 in MGBS, Hyderabad.
3. P.Anuradha, Wife of Ravi Kanth, Aged about 45 years, License Holder of Stall No.54 in MGBS, Hyderabad.
4. T.Venkatesh, Son of Lingaiah, Aged about 35 years, License Holder of Stall No.71 in Ir/GBS, Hyderabad
5. T.Sagar Singh, Son of Raja Singh, Aged about 55 years, License Holder of Stall No.14 in MGBS, Hyderabad.
6. P.Parameshwar, Son of License Holder of Stall No.35, in MGBS, Hyderabad
7. C.Om Prakash, Son of Shiv Raj, Aged about 35 years, License Holder of Stall No.65 in MGBS, Hyderabad.
8. N.S.Sri Rama Rao, Son of Srinivasa Rao, Aged about 51 years, License Holder of Stall No.63 in MGBS, Hyderabad.
9. V.Satish Goud, Son of Jahangeer, Aged about 42 years, License Holder of Stall No.C-1 at JBS, Secunderabad.
...PETITIONERS AND
1. Telangana State Road Transport Corporation, Represented by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad.
2. Senior Customer Relation Manager, Ranga Reddy Region, Telangana State Road Transport Corporation, MGBS, Hyderabad.
...RESPONDENTS Petition under Article 226 ot the Constrtution 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 lVlandamus, directing the respondents to follow the rule of law, complying with the Clause No.28 of the License Deeds, entered into between the Telangana State Road Transport Corporation, and the petitioners by giving one month advance notice in the event of termination of licenses of the petitioners for the reasons contemplated in the Clause No.28 of the License Deeds, declaring the practice being adopted by the respondents evicting the license holders high handedly, immediately on termination of licenses of the stall owners, without giving one month notice as contemplated in the license deeds is highly unjust, unfair, arbitrary and in violation of the Clause No.28 of the License Deeds and in violation of Articles 14 and 21 oI the Constitution of lndia.
lA NO: 1 OF 2021 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 to follow the procedure contemplated under Clause No.28 of the
/ License Deeds of the petitioners by giving one month advance notice to the petitioners in the event of termination of the license of petitioners and directing the respondents not to evict the petitioners highhandedly, immediately on termination of their licenses, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI C.RAMACHANDRA RAJU Counsel for the Respondents: SRI N.PRAVEEN REDDY, SC for TSRTC The Court made the following: ORDER
/ THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.19137 OF 2O2L ORDER:
Heard Sri C.Ramachandra Raju, learned counsel for the petitioners and Sri N.Praveen Reddy, learned Standing Counsel for respondent No.2.
2. A perusal of the record would reveal that respondent No.2 has issued show cause notice of termination dated 24.07.2021 to the petitioners herein alleging non-payment of license fee and also breach of terms and conditions of Deed of License. Seven days time was granted to the petitioners to submit explanation. Accordingly, the petitioners have submitted their explanation on 02.08.202I .
3.
Now the grievance of the petitioners is that without I I !
considering the said explanation dated 02.08.2021 and I \,",ithout follor,",ing the procedure laid down under Clause No.2B of the Deed of License dated 30.01.2019, the respondents are trying to dispossess the petitioners, by terminating the Deed of License.
4. Sri N.Praveen Reddy, learned Standing Counsel for respondent No.2, would submit that respondent No.2 has issued the said show cause notice of termination dated 24.O7.2021 by invoking clause No.28 of Deed of License dated 30.01.2019 and respondent No.2 will consider the
representation dated 02.O8.2021 submitted by the petitioners and pass final orders in accordance with law
5. In view of the said submission, this Writ Petition is disposed of directing the respondents to consider the explanation dated 02.08.202 1 submitted by the petitioners to the show cause notice of termination dated 24.07.2021 and pass appropriate orders in accordance with law, more particularly considering clause No.28(a) of Deed of License dated 30.01.2019, which says that license is liable for termination with one month advance notice on the grounds mentioned therein. Till such exercise. is completed, the respondents are directed not to take any further proceedings pursuant to the show cause notice of termination dated 24.O7.2021. The miscellaneous petitions pending, if any, sha-ll stand closed. There shall be no order as to costs. o,,.,3+tN+Rttl3l.#fl //rRUE COPY// -\vr"
\ SECTION OFFICER To, The Managing Director, Telangana State Road Transport Corporation, Bus Bhavan, Musheerabad, Hyderabad.
The Senior Customer Relation Manager, Ranga Reddy Region, Telangana State Road Transport Corporation, MGBS, Hyderabad.
One CC to SRl. C RAMACHANDRA RAJU Advocate [OPUC] One CC to SRI N.PRAVEEN REDDY, SC for TSRTC [OPUC] Two C.D. Copies.
One Spare Copy.
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e 4.
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MRC
HIGH COURT DATED:1310812021
ORDER
WP.No.19137 ot 2021 s Ie I t:
Y I 13 AuBztf,l Cu C) .h * D; g r>p,1c DISPOSING OF THE WRIT PETITION WITHOUT COSTS t)