Andhra Pradesh High Court
WP/30714/2024 of C IMAN Vs THE STATE OF AP on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30714 OF 2024 Between; C Iman, S/o R Raja, Aged about 32 years. Business, R/o
IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)
:: AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 30714 OF 2024
Between;
C Iman, S/o R Raja, Aged about 32 years. Business,[R/o][ D.No.27-94]6th Cross, Ram Nagar Colony, Chittoor, Chittoor District.6th Cross, Ram Nagar Colony, Chittoor, Chittoor District.
...Petitioner
AND
1. The State Of Andhra Pradesh, Rep by its Principal Secretary,Transport, Roads and Buildings (Public Transport) Department,Secretariat, Velagapudi, Guntur DistrictTransport, Roads and Buildings (Public Transport) Department,Secretariat, Velagapudi, Guntur District
2. Andhra Pradesh State Road Transport Corporation, Vijayawada, NTRDistrict Rep. by its Managing Director.District Rep. by its Managing Director.
3. The District Public Transport Officer, Andhra Pradesh State RoadTransport Corporation Chittoor, Chittoor District.Transport Corporation Chittoor, Chittoor District.
4. The Regional Manager, Andhra Pradesh State Road TransportCorporation Chittoor, Chittoor DistrictCorporation Chittoor, Chittoor District
5.The Depot Manager, Depot -1, Andhra Pradesh State Road TransportCorporation Chittoor, Chittoor District.Corporation Chittoor, Chittoor District.
...Respondents
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in thenatureof Writof Mandamusdeclaringtheorderpassedbythe3rdRespondentin his C1/T2/122 (02)/2021-RM (T)/DPTO dated05-12-2024terminatingtheallotmentorderdated18-02-2021andalsoforfeitingsecurity deposit without consideration of the petitioners oral representationand also advocate notice dated 06-12-2024 by anti-dating the impugnedorder as illegal,unjust,arbitrary, high handed, punitive[and]the sameiscolorable exercise of power, vindictive and also in violation of principles ofNatural Justice in a way and consequently set aside order passed by the3rd Respondentinhis C1/T2/122 (02)/2021-RM (T)/DPTOdated05-12-2024 with further direction to the respondents to allow the petitioner to runthe stall bearing No. OS. 02 in the 5'^ respondent depot as per the allotmentorder dated 18-02-2021.
lA NO:1 OF 2024
Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleasedtosuspendtheorder passedbythe3'"^RespondentinhisC1/T2/122 (02)/2021- RM (T)/DPTO dated 05-12-2024 pending disposal ofthe above writ petition.
Counsel for the Petitioner: SRI. L J VEERA REDDY
Counsel for the Respondent No.1; GP FOR ROADS BUILDINGS
Counsel for the Respondent Nos.2 to 5: SRI A RAMA RAO, SC FOR APSRTC
The Court made the following: ORDER
APHC010587342024
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3329](Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 30714/2024
Between:
C Iman
...PETITIONER
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.L J VEERA REDDY
Counsel for the Respondent(S):
1.GP FOR ROADSBUILDINGS
The Court made the following:
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ORDER:-
1. This writ petition is filed claiming the following[relief:]
“...To issue aWrit,Order or direction more particularlyone in the nature of Writ of Mandamus declaring theorderpassed by the 3^^ Respondent in his 01/72/122(02) /2021-RM(T)/DPTO, dated 05.12.2024 terminating the allotment[order]dated 18.02.2021 and also forfeiting security deposit[without]consideration of the petitioner’s oral representation[and][ also]advocate notice dated 06.12.2024 by anti-dating the impugnedorder as illegal, unjust, arbitrary, high handed, punitive[and][ the]sameis colorable exercise of power,vindictive and[also]InviolationofprinciplesofNaturalJusticeinawayandconsequently set aside order passed by theRespondent[in]his C1/T2/122(02)/2021-RM(T)/DPTO,dated 05.12.2024with further direction to the Respondents to aiiow the petitioner[to]run the stall bearing No. OS. 02 in the 5^^ Respondent depot asper the allotment order dated 18.02.2021 and pass any[such]other order or orders...”
2. The case of the petitioner is as follows; ThepetitionerhereinisalesseeinrespectofStallbearingNo.OS-02 at Chittoor Bus Stand Depot No.1 for a period of five years i.e. from19.02.2021to 18.02.2026 with a monthly license fee of Rs.9,201/-for theperiod of three years and in 4^*^ year, the license[fee][ to][ be][ increased][ at]therate of 10% over the 3^^ year license fee and in 5'*^ year at the rate of 15%increaseoverthe4thyearlicensefee.Thepetitioneralsoenteredanagreement with the Respondent Corporation on 18.02.2021.
3. As per the terms of the tender condition as well as[the][ terms]of theagreement, the petitioner has to carry out the business of Sweet & Bakery inrespect of Stall No.OS-02.But, the reasons best known to the petitioner, thepetitioner changed the nature of the business which is contrary to the terms ofthe agreement and also to the terms of the tender notice[and][ he][ has][ been]carrying the business by sub-letting thestallto two other persons to runNon-Veg Hotel and Tea & Snacks in addition to the allotted business dulyportioning the stall into three stalls. The said contravention was admitted bythe petitioner and the notices were issued to the petitioner by RespondentNo.5on09.12.2021and06.08.2022,forwhichthepetitionerpaidthepenalty/fine along with license fee in respect of deviations[as][ demanded][ and]has been running the business for all these years. Whereas, the petitioner isagreement, the petitioner has to carry out the business of Sweet & Bakery inrespect of Stall No.OS-02.But, the reasons best known to the petitioner, thepetitioner changed the nature of the business which is contrary to the terms ofthe agreement and also to the terms of the tender notice[and][ he][ has][ been]carrying the business by sub-letting thestallto two other persons to runNon-Veg Hotel and Tea & Snacks in addition to the allotted business dulyportioning the stall into three stalls. The said contravention was admitted bythe petitioner and the notices were issued to the petitioner by RespondentNo.5on09.12.2021and06.08.2022,forwhichthepetitionerpaidthepenalty/fine along with license fee in respect of deviations[as][ demanded][ and]has been running the business for all these years. Whereas, the petitioner is
continuing the same business which is contrary to the[terms][ and][ conditions][ of]the agreement dated 18.02.2021, even though Clause No.9 of the agreementprovides the procedure for changeof natureof business[and]evenaftercautioningtime and again by the Respondents not to allow third parties assub tenants and restore the original business.
4. Learned counsel for the petitioner submits that the petitioner paid thepenaltyamountasdemandedbytheRespondentsforconductingthebusiness other than the terms of the agreement as well[as][ terms][ of][ the][ tender]notice.Finally, the show cause Notice dated 15.11.2024[was][ issued][ to][ the]petitionerbytheRespondentsunderClause20ofthe[Agreement]forTermination of Licence and called for an explanation within seven days.penaltyamountasdemandedbytheRespondentsforconductingthebusiness other than the terms of the agreement as well[as][ terms][ of][ the][ tender]notice.Finally, the show cause Notice dated 15.11.2024[was][ issued][ to][ the]petitionerbytheRespondentsunderClause20ofthe[Agreement]forTermination of Licence and called for an explanation within seven days.
5. Learned counsel for the petitioner further submits that even though theshow causenotice was dated15.11.2024, the same was received by thepetitioner on 02.12.2024.Uponreceiptof the saidnotice, thepetitionersubmitted his explanation within the prescribed time[i.e.][ on][ 06.12.2024.]Hefurther submits that the notice itself contains seven days for submission ofexplanation and the petitioner herein submitted his[explanation][ within][ seven]days after receipt of the notice.show causenotice was dated15.11.2024, the same was received by thepetitioner on 02.12.2024.Uponreceiptof the saidnotice, thepetitionersubmitted his explanation within the prescribed time[i.e.][ on][ 06.12.2024.]Hefurther submits that the notice itself contains seven days for submission ofexplanation and the petitioner herein submitted his[explanation][ within][ seven]days after receipt of the notice.
6. Without considering the explanation of the petitioner[and][ opportunity][ of]hearing. Respondent No.3 issued the proceedings dated05.12.2024andterminating the licence of the petitioner whichis[contrary][ to][ the][ principles][ of]natural justice and the principle of a fair play and[reasonable][ opportunity][ to][ the]hearing. Respondent No.3 issued the proceedings dated05.12.2024andterminating the licence of the petitioner whichis[contrary][ to][ the][ principles][ of]natural justice and the principle of a fair play and[reasonable][ opportunity][ to][ the]
petitioner. Hence, the impugned order dated 05.12.2024isliableto besetaside.
7. On the other hand, the learned Standing Counsel for the Respondentssubmits that the petitioner violated Clause 9 and Clause[15][ of][ the][ terms][ of]agreement dated18.02.2021.Thepetitioner was also imposed[ with][ the]penalty as per Clause 19 of the agreement and he paid the said penaltywithout there being any protest. The Respondent Authorities are imposing thepenalty against the petitioner for conducting the business contrary to the termsof the agreement. But, the petitioner has been continuing[the][ said][ violation]and running the business contrary to the terms of the agreement.Having noother option, the Respondents issued a show cause notice[dated][ 15.11.2024]and the same was served to the petitioner.But, the petitioner delayedinsubmitting the explanation.In the meanwhile, the Respondents[issued][ the]impugned proceedings on 05.12.2024 and the petitioner was provided anopportunity of hearing for submission of his explanation. But, the petitioner didnot avail the benefit and did not submit his explanation[within][ a][ reasonable]time as contemplated under the notice.submits that the petitioner violated Clause 9 and Clause[15][ of][ the][ terms][ of]agreement dated18.02.2021.Thepetitioner was also imposed[ with][ the]penalty as per Clause 19 of the agreement and he paid the said penaltywithout there being any protest. The Respondent Authorities are imposing thepenalty against the petitioner for conducting the business contrary to the termsof the agreement. But, the petitioner has been continuing[the][ said][ violation]and running the business contrary to the terms of the agreement.Having noother option, the Respondents issued a show cause notice[dated][ 15.11.2024]and the same was served to the petitioner.But, the petitioner delayedinsubmitting the explanation.In the meanwhile, the Respondents[issued][ the]impugned proceedings on 05.12.2024 and the petitioner was provided anopportunity of hearing for submission of his explanation. But, the petitioner didnot avail the benefit and did not submit his explanation[within][ a][ reasonable]time as contemplated under the notice.
8. Heard learned counsel for the petitioner and learned Standing Counselfor the Respondents and also perused the material placed[on][ record.]for the Respondents and also perused the material placed[on][ record.]
9. The fact remains that the petitioner has been violated[the][ terms][ of][ the]agreement as wellas the termsof the tender noticeincarrying out hisbusiness at Shop No.2.agreement as wellas the termsof the tender noticeincarrying out hisbusiness at Shop No.2.
V
10. It seems that the petitioner also violated the terms[of][ the][ conditions][ of]Clause 15 of the Agreement and the said premise was[divided]into threeportions and further sub-letting two portions to the other persons.
11. On perusal of the explanation submitted by the petitioner,it is observedthat the petitioner has been carrying with the other business by changing thenature of business / using premises, for which it is[not][ allotted.]that the petitioner has been carrying with the other business by changing thenature of business / using premises, for which it is[not][ allotted.]
12. Thecontentionofthelearnedcounselforthepetitionerthattheexplanation which was submitted by the petitioner pursuant[to][ the][ show][ cause]noticedated15.11.2024 wasnotconsideredbytheRespondentswhileissuingthe impugnednotice dated 05.12.2024, whichiscontrarytotheprinciplesofnaturaljusticeandtheprincipleofafairandreasonableopportunity to the petitioner is to be considered and[valid][ for][ the][ reason,][ the]show cause notice dated 15.11.2024 issued by the Respondents[was][ served]upon the petitioner after one week even contrary to[the][ assertions][ of][ notice]made by the Respondents.explanation which was submitted by the petitioner pursuant[to][ the][ show][ cause]noticedated15.11.2024 wasnotconsideredbytheRespondentswhileissuingthe impugnednotice dated 05.12.2024, whichiscontrarytotheprinciplesofnaturaljusticeandtheprincipleofafairandreasonableopportunity to the petitioner is to be considered and[valid][ for][ the][ reason,][ the]show cause notice dated 15.11.2024 issued by the Respondents[was][ served]upon the petitioner after one week even contrary to[the][ assertions][ of][ notice]made by the Respondents.
13. It is further observed that the show cause notice specifically[indicates]that the petitioner has to submit his explanation within[seven][ days][ from][ the]date of notice.The noticeitself is served after seven days.Therefore, thetermsof thenotice were not adhered by the Respondentsitselfinstrictmanner.
14. Treating the notice asif servedto the petitioner[on][ 02.12.2024,][ the]petitioner submittedhis explanationwithinfour daysi.e.on06.12.2024.petitioner submittedhis explanationwithinfour daysi.e.on06.12.2024.
Therefore,it is the statutory obligationon the part of the Respondents thathaving invited the explanation of thepetitioner and without considering theexplanation of the petitioner, the Respondentscannot be proceed furtherwhichis contrary to the terms of thenotice while issuing the impugnedproceedings.Hence, the impugned proceedingsdated 05.12.2024 lackssettled observations and Principles of AdministrativeLaw jurisprudence and isliable to be set aside.
15. In view of the reasons stated above, the writ petition is disposed of withthe following directions;the following directions; '•The order passed by Respondent No.3 vide proceedingsNo.C1/T2/122(02)/2021-RM(T)/DPTO, dated05.12.2024 is hereby setaside.
li.However, Respondent No.3is directedto considertheexplanation submitted by the petitioner dated06.12.2024 pursuant tothe show cause notice dated 15.11.2024and pass appropriate orderswithin a period of three weeks from the dateof receipt of a copy of thisorder.
In the meanwhile, the Respondents are directed to allow thepetitioner to carry out his business, till the finalorders to be passed bytheRespondents.Afterthecommunicationoffinalorders,theRespondents are at liberty to take over possession of the subject shop of the petitioner in accordance with law and the Respondents[shall]follow the due procedure as contemplated under the[law.]
IV.There shall be no order as to costs.
16. Consequently, miscellaneous applications pendingif any, shall standclosed.closed.
Sd/- A.VIJAYA BABUASSISTANT REGISTRAR//TRUE COPY//SECTION OFFICER
To
Transport, Roads and Buildings (Public1The Principal SecretarySecretariat, Velagapudi, Guntur DistrictSecretariat, Velagapudi, Guntur DistrictTransport) Department,
2. The Managing Director Andhra Pradesh State Road[Transport]Corporation, Vijayawada, NTR District.Corporation, Vijayawada, NTR District.
3. The District Public Transport Officer, Andhra PradeshState RoadTransport Corporation Chittoor, Chittoor District.Transport Corporation Chittoor, Chittoor District.
Andhra Pradesh State Road Transport4. The Regional Manager,Corporation Chittoor, Chittoor DistrictCorporation Chittoor, Chittoor District Andhra Pradesh State Road Transport
5. The Depot Manager, Depot-1Corporation Chittoor, Chittoor District.Corporation Chittoor, Chittoor District.
6. One CC to Sri. L J Veera Reddy, Advocate [OPUC]
GP For Roads and Buildings ,High Court Of Andhra
7. Two CCs toPradesh. [OUT]Pradesh. [OUT]
Sri A Rama Rao, SC for APSRTC [OPUC]
8. OneCCto
9. Three CD Copies
AL
HIGH COURT
DATED:31/12/2024
ORDER
WP.No.30714of 2024
%0 7 JAN 2025mi;Co.Current Section.•i-;^spatch^
DISPOSING OF THE WP WITHOUT COSTS