Telangana High Court
WP/35176/2023 of Sri.Annedi Srikanth Reddy Vs The State of Telangana on 29 December 2023
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
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKAWRIT 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.Secretariat, Hyderabad Telangana State-500020.
2. Telangana State Road Transport Corporation, Rep by its Chairman, BusBhavan, Musheerabad, Hyderabad, Telangana State-500020.Bhavan, Musheerabad, Hyderabad, Telangana State-500020.
3. Telangana State Road Transport Corporation, Rep by its Vice Chairman andManaging Director, Bus Bhavan, Musheerabad, Hyderabad, Telangana State-500020.Managing Director, Bus Bhavan, Musheerabad, Hyderabad, Telangana State-500020.
4Executive Director, (REV. and lT) and Secretaryto Corporation, Bus Bhavan,OPD (Mktg. and Corn) wing, Musheerabad, Hyderabad, Telangana State-500020OPD (Mktg. and Corn) wing, Musheerabad, Hyderabad, Telangana State-500020
5. The Divisional Manager, TSRTC, Karimnagar Division, Karimnagar DistrictTelangana State-505001.Telangana State-505001.
6. The Deputy Regional Manager, TSRTC Karimnagar Region KarimnagarDiskict, Telangana State-505001.Diskict, Telangana State-505001.
7. The Depot Manager, TSRTC Karimnagar Bus Station Karimnagar District,Telangana state- 505001 Telangana state- 505001
...RE''.NDENTS
Petition under Article 226 ol the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction more particularly one in nature of writ ofMandamus declaring the action of the Respondents No.6 issued Final Order forTerminationNo 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 naturaljustice and also violative of Articles 14, i9(1)(g), 21 of the constitution of lndiaand consequently consider the Representation dated. 27.12.2023.justice and also violative of Articles 14, i9(1)(g), 21 of the constitution of lndiaand consequently consider the Representation dated. 27.12.2023.
lA NO: 1 OF 2023
Petition under section 151 cPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased todirect the respondents permit the petitioner to pay the License dues an amount ofRs.1 1,30,000/- in Six weeks.
lA NO: 3 OF 2023
Petition under Section 151 cpc praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased togrant interim suspension of Final order for Termination No.Est 122(61)t2023.RM.KR, dated.22.12.2023 in respect of Stail No.13..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 inthe affidavit filed in support of the petition, the High court may be pleased todirect the respondents to re-open the stall No.1 3.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 TSRTCThe Court made the following: ORDERThe Court made the following: ORDER
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKAWRIT PETITION No.35176 of 2ol23
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ORDER:
The petitioner approached this Court seeking the prayeras under:
"to issue a tuit, order or direction more particularlyone in nature of urit of Mandamus declaing [the]action of the Respondents No.6 issued Final Orderfor [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 pinciplesof natural justice and also uiolatiue of Arlicles [14,]21 of the Constittttion of India and19(1)9, consequentlg corsider the Representation dated27.12.2023 pending disposal of the Wit Petitionand pass such other orders."
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 had accepted the offer and communicated its acceptan ce uideletter No.ES/122 (6Il/2021-RM:KR, dated 29.12.2021. Thepetitioner having received the acceptance, agreed to take upletter No.ES/122 (6Il/2021-RM:KR, dated 29.12.2021. Thepetitioner having received the acceptance, agreed to take upthe license for running business Fast Food Business in ShopNo.13, pucca 1,344 Sq.ft in Karimnagar Bus Station onpayment of license fee of Rs.3,15,OOO/- per montJr to theNo.13, pucca 1,344 Sq.ft in Karimnagar Bus Station onpayment of license fee of Rs.3,15,OOO/- per montJr to theRespondent-Corporation for a period of f,rve years. As per theterms and conditions of Deed of License, dated 31.05.2022,terms and conditions of Deed of License, dated 31.05.2022,the total period of license is for five(S) years with monthlylicense fee of Rs.3,i5,OOO/- for first two yea_rs, exclusive oflicense fee of Rs.3,i5,OOO/- for first two yea_rs, exclusive ofelectricit5r, water, maintenance charges, GST etc., sha-ll be paidin advance on or before loth day of current month. It isin advance on or before loth day of current month. It issubmitted that the license fee shall be enhanced by Soh, lO%oand 157o in Jrd, {th and Sth year respectively. The license feepayable by the petitioner for 5 years is as under:and 157o in Jrd, {th and Sth year respectively. The license feepayable by the petitioner for 5 years is as under:
i. Rs.3,15,O0O/- per month from O1.O3.2022 to28.O2.2024.
ii. Rs.3,3O,750/- per month from Ot.Og.2O24 to28.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 is submitted that the petitioner submitted that the petitioner that the petitioner the petitioner 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 It is submitted that the petitioner is submitted that the petitioner submitted that the petitioner that the petitioner the petitioner petitioner [[paid ]]an [[amount of]]
,
requesting that due to ill health, the delay was happened andhe will pay the ba-lance amount by 31.01.2024 but the saidrepresentation was not considered by the 6th respondent.
4. Heard learned counsel for the petitioner as well asrespondents herein. With their consent, since the petitioner isstated to have submitted representation latest on 22.12.2023undertaking to pay the balance amount by 31.01.2024, tLrcWrit Petition is disposed of at the admission stage directingthe respondents to re-open the Shop No.13 and not to initiateany coercive steps against the petitioner. The petitioner shallpay the balalce amount towards license fee dues. In default,the respondent-Corporation shall initiate action, in accordancewith law. No costs.
Pending miscellaneous petitions, if any, sha_ll stand closed.
SD/- V. HARI PRASAD \ASSTSTANT REG!,TTRAR \
//TRUE COPY//
secnoru0Jrrrcen
To,1 oT Ilg^?l'l_"lp_qt Secretary, T19n.rpg(-Qgprrtment, Secretariat, Hyderabad, StateI etangana, telanqana State_500020_1 oT Ilg^?l'l_"lp_qt Secretary, T19n.rpg(-Qgprrtment, Secretariat, Hyderabad, StateI etangana, telanqana State_500020_
I etangana, telanqana State_500020_etangana, telanqana State_500020_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, 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 rransoortC^orporation, Bus Bhavan, Musieerabid', ttvojraoio,-ieil;;;n;-'si56j500020.500020.
a'
4. The Executive Director, (REV. and lT) and Secretary to Corporation, BusBhavan, OPD (Mktg. and Corn) wing, Musheerabad, Hyderabad, TelanganaState-500020.Bhavan, OPD (Mktg. and Corn) wing, Musheerabad, Hyderabad, TelanganaState-500020.
5. The Divisional Manager, TSRTC, Karimnagar Division. Karimnagar DistrictTelangana State-505001 .Telangana State-505001 .
6. The Deputy Regional Manager, TSRTC Karimnagar .Region KarimnagarDistrict, Telangana State-S0500'1 .District, Telangana State-S0500'1 .
7. The Depot Manager, TSRTC Karimnagar .Bus Station Karimnagar District,Telangana State- 50500 1 .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 alHyderabad. [OUT]9. Two CCs to GP FOR TRANSPORT, High Court for the State of Telangana alHyderabad. [OUT]10.One CC to SRI GADDAM SRINIVAS, SC for Telangana State Road TransportCorporation, Advocate. [OPUC]Corporation, Advocate. [OPUC]
11. Two CD Copies.BSKBSK
HIGH COURT
DATED: 2911212023
GC TODAY
ORDER
WP.No.3S176 ot 2023
tt9TATE 9I'ltr0It'.l'irtj\:-.I.ItL-io, [<i']*DEl '- ':
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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