Sri.Annedi Srikanth Reddy v. The State Of Telangana

I 3300I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 35176 OF 2023 Between:

Sri.Annedi Srikanth Reddy, S/o.Venkat Reddy , Aged about 45 yrs, H.No.1-2-147, Hanuman Street, Peddapalli District -505172.

...PETITIONER AND

1. The State of Telangana, Rep. by Principal Secretary, Transport Department, Secretariat, Hyderabad Telangana State-500020.

2. Telangana State Road Transport Corporation, Rep by its Chairman, Bus Bhavan, Musheerabad, Hyderabad, Telangana State-500020.

3. Telangana State Road Transport Corporation, Rep by its Vice Chairman and Managing Director, Bus Bhavan, Musheerabad, Hyderabad, Telangana State500020. to Corporation, Bus Bhavan, yderabad, Telangana StateExecutive Director, (REV. and lT) and Secretary OPD (Mktg. and Corn) wing, Musheerabad, H 500020

5. The Divisional Manager, TSRTC, Karimnagar Division, Karimnagar District Telangana State-505001.

6. The Deputy Regional Manager, TSRTC Karimnagar Region Karimnagar Diskict, Telangana State-505001.

7. The Depot Manager, TSRTC Karimnagar Bus Station Karimnagar District, Telangana state- 505001 ...RE''.NDENTS 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 a writ, order or direction more particularly one in nature of writ of Mandamus declaring the action of the Respondents No.6 issued Final Order for TerminationNo E51122(61)12023.RM.KR, dated.2212.2023 in respect of Stall

No. l3 as illegal arbitrary, apart from being in violation of principles of natural justice and also violative of Articles 14, i9(1)(g), 21 of the constitution of lndia and consequently consider the Representation dated. 27.12.2023. lA NO: 1 OF 2023 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 permit the petitioner to pay the License dues an amount of Rs.1 1,30,000/- in Six weeks.

lA NO: 3 OF 2023 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 grant interim suspension of Final order for Termination No.Est 122(61)t2023 .RM.KR, dated.22.12.2023 in respect of Stail No.13. lA NO: 2 OF 2023 Petition under Section 15i 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 re-open the stall No.1 3. Counsel for the Petitioner : Miss.VLADIMEER KHATOON Counsel for the Respondent No.1 : Gp FOR TRANSPORT Counsel for the Respondent No.2to7 : SRI GADDAM SRINIVAS, SC FOR TSRTC The Court made the following: ORDER

__-:, ,/,, ( THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.35176 of 2ol23 ORDER:

The petitioner approached this Court seeking the prayer as under:

"to issue a tuit, order or direction more particularly one in nature of urit of Mandamus declaing the action of the Respondents No.6 issued Final Order for Termination N o. E 5 / 1 2 2 ( 6 1 ) / 2 02 3 : RM : KR, dated 22.12.2023 in respect of Stall .l[o.]3 as illegal, arbitrary apart from being in uiolation of pinciples of natural justice and also uiolatiue of Arlicles 14, 19(1)9, 21 of the Constittttion of India and consequentlg corsider the Representation dated 27.12.2023 pending disposal of the Wit Petition and pass such other orders."

i 2.

The respondent-Corporation had issued e-tender notification uide No.E5/a37(2)/2021-RM: KRMR, dated O4.O8.2O27 inviting tenders for licensing out Pucca Shop bearing No.13 admeasuring 1,344 square feet for doing Fast Food Business in Karimnagar Bus Station for a period of five years and the petitioner had participated in the said tenders and he became successful tenderer and the Sth respondent

i had accepted the offer and communicated its acceptan ce uide letter No.ES/122 (6Il/2021-RM:KR, dated 29.12.2021. The petitioner having received the acceptance, agreed to take up the license for running business Fast Food Business in Shop No.13, pucca 1,344 Sq.ft in Karimnagar Bus Station on payment of license fee of Rs.3,15,OOO/- per montJr to the Respondent-Corporation for a period of f,rve years. As per the terms and conditions of Deed of License, dated 31.05.2022, the total period of license is for five(S) years with monthly license fee of Rs.3,i5,OOO/- for first two yea_rs, exclusive of electricit5r, water, maintenance charges, GST etc., sha-ll be paid in advance on or before loth day of current month. It is submitted that the license fee shall be enhanced by Soh, lO%o and 157o in Jrd, {th and Sth year respectively. The license fee payable by the petitioner for 5 years is as under: i.

Rs.3,15,O0O/- per month from O1.O3.2022 to 28.O2.2024.

ii.

Rs.3,3O,750/- per month from Ot.Og.2O24 to 28.O2.2025.

iii. Rs.3,63,825/- per month from O1.03.2025 to 24.O2.2026.

iv. Rs.4,18,399/- per month from OI.O3.2026 to 28.02.2027.

3.

It is submitted that the petitioner paid an amount of Rs.2,3O,OOO/- on 09.1O.2023 and Rs.4,O0,OOO/- on 16.1O.2023 and also paid an amount of Rs'4O,OOO/- in total, he has paid an amount of Rs.6,7O,OOO/- ald immediately he made a representation to respondent No.6 that he will pay remaining amount before l}.ll.2o23. It is further submitted that the petitioner again paid an amount of Rs.3,0O,OOO/- on lO.ll.2023, in total he has paid an amount of Rs.9,70,OOO/- but respondent No.6 without deducting or mentioning in the show cause notice dated 08. ll.2}23/73.11.2023 that he was due from August, 2023 to November,2o23 (O4 months). It is further submitted that respondent No.6 without considering the representation, dated 13.11.2023 directly issued the frnal , order for termination of license on 27.12.2023 and the same was received on the same day. It is further submitted that the petitioner has given another representation, dated 27.12.2023 \i

a'

requesting that due to ill health, the delay was happened and he will pay the ba-lance amount by 31.01.2024 but the said representation was not considered by the 6th respondent. 4.

Heard learned counsel for the petitioner as well as respondents herein. With their consent, since the petitioner is stated to have submitted representation latest on 22.12.2023 undertaking to pay the balance amount by 31.01.2024, tLrc Writ Petition is disposed of at the admission stage directing the respondents to re-open the Shop No.13 and not to initiate any coercive steps against the petitioner. The petitioner shall pay the balalce amount towards license fee dues. In default, the respondent-Corporation shall initiate action, in accordance with law. No costs.

Pending miscellaneous petitions, if any, sha_ll stand closed.

SD/- V. HARI PRASAD \ ASSTSTANT REG!,TTRAR \ //TRUE COPY// secnoru0Jrrrcen To,1 Ilg^?l'l_"lp_qt Secretary, T19n.rpg(-Qgprrtment, Secretariat, Hyderabad, State oT I etangana, telanqana State_500020_ , Ilg-9!1ilTa,n, pys,Bhgvgn., Musheerabad, Tetangana State Road Transport ^ uorporatton, Hyderabad, Telangana State_500020.- J. rne vrce L;harrman and Managing Director, Telanqana State Road rransoort C^orporation, Bus Bhavan, Musieerabid', ttvojraoio,-ieil;;;n;-'si56j 500020.

4. The Executive Director, (REV. and lT) and Secretary to Corporation, Bus Bhavan, OPD (Mktg. and Corn) wing, Musheerabad, Hyderabad, Telangana State-500020.

5. The Divisional Manager, TSRTC, Karimnagar Division. Karimnagar District Telangana State-505001 .

6. The Deputy Regional Manager, TSRTC Karimnagar Region Karimnagar District, Telangana State-S0500'1 .

7. The Depot Manager, TSRTC Karimnagar Bus Station Karimnagar District, Telangana State- 50500 1 .

B. One CC to Miss.VLADIMEER KHATOON, Advocate. [OPUC]

9. Two CCs to GP FOR TRANSPORT, High Court for the State of Telangana al Hyderabad. [OUT] 10.One CC to SRI GADDAM SRINIVAS, SC for Telangana State Road Transport Corporation, Advocate. [OPUC]

11. Two CD Copies.

BSK

HIGH COURT DATED: 2911212023 GC TODAY t t 9TATE 9I'

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ORDER

WP.No.3S176 ot 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS tq )n)*