K. Srinivasa Varma v. Andhra Pradesh State Road Transport Corporation

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.17064 of 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: " to issue a writ, order or direction(s), more particularly one in the nature of WRIT OF MANDAMUS, declaring the Notice of Termination APSRTC No.S2/ 437/ (146)2014/ RM.EG.

dated 25.04.2017 issued by the 2nd respondent herein on 05-05-2017 in respect of the licence of Canteen run by the petitioner herein under the name and style SRI SATYASURYA CANTEEN at Annavaram Bus Station as arbitrary, illegal, irrational, without jurisdiction, opposed to Principles of Natural Justice besides being violative of Articles 14, 19 and 21 Constitution of India and consequently set aside the same, and pass such other orders as the Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard Sri Chakkilam Venkateswarlu, learned counsel for the petitioner and Sri S.V.Ramana, learned Standing Counsel for respondents.

It stated by the learned counsel for the petitioner that without considering the explanation submitted by the petitioner on 05.05.2017, the respondents are trying to evict the petitioner from the subject premises.

On the other hand, it is submitted by the learned Standing Counsel for the respondents that this Writ Petition is filed on apprehension that no final order has been passed, pursuant to the show cause notice.

In view of the above, this Writ Petition is disposed of directing the respondents to pass appropriate, orders pursuant to the show cause notice dated 25.04.2017, after taking into consideration the explanation submitted by the petitioner on 05.05.2017. Till final orders are passed, no coercive action shall be taken by the respondents with regard to the subject premises. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

_______________ A.V. SESHA SAI, J Date: 18.05.2017 pab

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.17064 of 2017 DATE: 18.05.2017 pab