Telangana High Court
WP/24124/2004 of Mohd.Shafiuddin Vs The Regional Manager R.R. on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24124 of 2004 Between: Mohd.Shafiuddin S/o.Babu Miyan, Occ: Business,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24124 of 2004
Between:
Mohd.Shafiuddin
S/o.Babu Miyan, Occ: Business, R/o.H.No.5-8-124/2
Shantinagar, Sangareddy District, Medak
..... PETITIONER
AND1. Regional Manager/R.RA.P.S.R.T.C. Mahatma Gandhi Bus StationImliban, Hyderabad2. The Depot Manager, A.P.S.R.T.C.Vikarabad Depot, Rangareddy District.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased tocall for the record in file No.P3/122(106)/2002-RR from the office of respondents andthe order dt.14-9-2002 forfeiting the security deposit amount of Rs.45,000/- of thepetitioner may be declared null and void and be quashed by issue of anyappropriate writ, order or direction particularly in the nature of writ of certiorari in theinterest of justice.Counsel for the Petitioner:MR.MOHD. GHULAM HUSSAINCounsel for the Respondent Nos.1 & 2: MR.V.T.M.PRASAD, STANDINGCOUNSEL
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ORDER:
Challenging the proceedings dated 14.9.2004 forfeiting the securitydeposit amount of Rs.45,000/- of the petitioner issued by therespondent No.1, the present writ petition is filed.The learned counsel appearing for the petitioner contended that the petitioner before one month from the conclusion of the contract periodhas been withdrawn from the contract for want of labour and notproviding parking driver. Therefore, he prays to quash the impugnedproceedings.
On the other hand, the learned Standing Counsel appearing for therespondent-Corporation contended that in terms of the agreement, ifparty wants to withdraw from the contract, three months notice has tobe given and such notice is not given and therefore, the impugnedorder does not suffer from any serious legal infirmities so as to call forany interference by this Court.
As seen from the impugned order, no notice was given for withdrawalfrom the contract. The reason given by the petitioner is that due togetting loss, he had withdrawn from the contract with effect from23.4.2004. The impugned order is passed forfeiting the securitydeposit amount in consonance with the conditions of the deed ofagreement. Therefore, the order does not suffer from any incurablelegal infirmities so as to call for any interference by this Court.However, since the petitioner is a poor man and as he was gettinglosses in the contract work and due to inadvertence, he could notgive advance notice, necessary direction can be given to writpetitioner to file a representation to respondents.
Therefore, the petitioner is directed to file an application beforethe respondent-Corporation and the same shall have to beconsidered sympathetically for returning the security deposit amountdeducting proportionately for the period of contract work done by him.
The writ petition is accordingly disposed of. No order as tocosts.
___________
28.12.2004
bsv
To
A.P.S.R.T.C. Mahatma Gandhi Bus Station
Imliban, Hyderabad
2. The Depot Manager, A.P.S.R.T.C.
Vikarabad Depot, Rangareddy District
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