Andhra Pradesh High Court
WP/30720/2024 of K SUMIYA KOUSAR 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: 30720 OF 2024 Between: K Sumiya Kousar, W/o Iman, Aged about 28 years,
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
TUESDAY. THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 30720 OF 2024
Between:
K Sumiya Kousar, W/o Iman, Aged about 28 years,Business,R/oD,No.27-94, 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 District.Roads and Buildings (Public Transport) Department, Secretariat,Velagapudi, Guntur District.
2.Andhra Pradesh State Road Transport Corporation, Vijayawada,[NTR]District Rep. by its Managing Director.District Rep. by its Managing Director.
3.The District Public Transport Officer, Andhra Pradesh[State][ Road]Transport Corporation Chittoor, Chittoor District.Transport Corporation Chittoor, Chittoor District.
4.The Regional Manager, Andhra Pradesh State Road TransportCorporation Chittoor, Chittoor District.Corporation 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 maybe pleased to issue a Writ Order or Direction more particularly one in the %
natureofWritof Mandamusdeclaringtheorderpassedbythe3rdRespondent in his C1/T2/122 (03)/2021-RM (T)/DPTO dated[05-12-2024]terminatingtheallotment order dated18-02-2021andalsoforfeitingsecurity deposit without consideration of the petitioners[oral][ representation]and also advocate notice dated 06-12-2024 by anti-dating the impugnedorder as illegal, unjust,arbitrary, high handed, punitive[and][ the][ same]iscolorable 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 (03)/2021-RM (T)/DPTO[dated]05-12-2024 with further direction to the respondents to allow the petitioner to runthestallbearingNo.OS.03inthe5threspondent depot asper theallotment order dated 18-02-2021.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleasedto suspendtheorderpassedbythe3rdRespondentinhisC1/T2/122 (03)/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 Respondents: GP FOR ROADS BUILDINGS
The Court made the following order:
IN THE HIGH COURT OF ANDHRA PRADESHIAT AMARAVATI(Special Original Jurisdiction)
[3329]
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 20720I7()?a
Between:
K Sumiya Kousar
The State Of Ap and Others
Counsel for the Petitioner:
AND
...PETITIONER
...RESPONDENT(S)
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 a Writ, Order or direction more particuiariyonein the nature of Writ of Mandamus declaring the orderPassed by the 3f Respondent in his C1/T2/122(03) /2021-RM05.12.2024 terminating the allotment orderdated 18.02.2021 and also forfeiting security deposit withoutconsideration of the petitioner’s oral representation and alsoadvocate notice dated 06.12.2024 by anti-dating the impugnedorder as illegal, unjust, arbitrary, high handed, punitive and thesame is colorable exercise of power,vindictive and alsoinviolationof principlesof NaturalJusticeina wayandconsequently set aside order passed by the 3"^ Respondent[in]his O1/T2/122(03)/2021-RM(T)/DPTO, dated 05.12.2024with further direction to the Respondents to allow the petitioner[to]runthe stall bearing No.OS.03 in the 5"^ Respondent depot[as]perthe allotment order dated 18.02.2021 and pass any suchother order or orders...”
2. The case of the petitioner is as follows; ThepetitionerhereinisalesseeinrespectofStallbearingNo.OS-03 at Chittoor Bus Stand Depot No.1 for a period[of][ five][ years][ i.e.][ from]19.02.2021to 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%]increaseoverthe4yearlicensefee. Thepetitioneralsoenteredanagreement with the Respondent Corporation on 18.02.2021.
3. As per the terms of the tender condition as well as[the][ terms][ of][ the]agreement, the petitioner has to carry out the business[of][ Canteen][ in][ respect]ofStallNo.OS-03.But, the reasonsbest knowntothepetitioner,thepetitioner changed the nature of the business which[is][ contrary][ to][ the][ terms][ of]the agreement and also to the terms of the tender notice[and][ she has][ been]carrying the business of sweets, bakery and cool drinks[instead]of allottedbusiness. The said contravention was admitted by the petitioner and thenotices were issued to the petitioner by Respondent[No.5][ on][ 09.12.2021][ and]06.08.2022, for which the petitioner paid the penalty/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 continuingthe samebusinesswhichiscontrarytothe terms andconditionsof the[agreement]datedagreement, the petitioner has to carry out the business[of][ Canteen][ in][ respect]ofStallNo.OS-03.But, the reasonsbest knowntothepetitioner,thepetitioner changed the nature of the business which[is][ contrary][ to][ the][ terms][ of]the agreement and also to the terms of the tender notice[and][ she has][ been]carrying the business of sweets, bakery and cool drinks[instead]of allottedbusiness. The said contravention was admitted by the petitioner and thenotices were issued to the petitioner by Respondent[No.5][ on][ 09.12.2021][ and]06.08.2022, for which the petitioner paid the penalty/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 continuingthe samebusinesswhichiscontrarytothe terms andconditionsof the[agreement]dated
18.02.2021,eventhoughClauseNo.9oftheagreementprovidestheprocedure for change of nature of business and even[after][ cautioning]timeand again by the Respondents not to allow such type[of][ business][ and][ restore]the original business.
4. Learned counsel for the petitioner submits that the[petitioner][ paid] thepenalty amountas demandedbytheRespondentsforconductingthebusiness 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]petitioner bytheRespondentsunder Clause20of the[Agreement]forTermination of Licence and called for an explanation[within] seven days.penalty amountas demandedbytheRespondentsforconductingthebusiness 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]petitioner bytheRespondentsunder Clause20of the[Agreement]forTermination of Licence and called for an explanation[within] seven days.
5. Learned counsel for the petitioner further submits[that][ even][ though][ the]show cause notice was dated 15.11.2024, the same was[received] by[ the]petitioner on02.12.2024.Upon receipt of the saidnotice, the petitionersubmitted his explanation within the prescribed timei.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 cause notice was dated 15.11.2024, the same was[received] by[ the]petitioner on02.12.2024.Upon receipt of the saidnotice, the petitionersubmitted his explanation within the prescribed timei.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 which is[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 which is[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 05.12.2024is liable to be setaside.
learned Standing Counsel for the Respondents7.On the other hand, theviolated Clause 9 and Clause 15 of the terms ofsubmits that the petitionerThe petitioner was also imposed with theagreement dated 18.02.2021.of the agreement and she paid the said penaltypenalty as per Clause 19without there being any protest. The Respondent Authorities[are][ imposing][ the]penalty against the petitioner for conducting the business[contrary][ to][ the][ terms]has been continuing the said violationof the agreement. But, the petitionerand running thebusiness contrary to the terms of the agreement. Havingnoshow cause notice dated 15.11.2024other option, the Respondents issued aand the same was served to the petitioner.But. the[petitioner][ delayed][ in]submitting the explanation.In the meanwhile, the Respondentsissued theimpugned proceedingson05.12.2024 and the petitioner was provided anfor submission of her explanation. But, the petitioner[did]opportunity of hearingnot avail the benefitand did not submit her explanation within a reasonabletime as contemplated under the notice.
8. Heard learnedcounsel for the petitioner and learned Standing Counselrecord,for theRespondents and also perused the material placed on has been violated the terms of the9.The fact remains that the petitionerof the tender noticein carrying out hisagreement as well as the termsbusiness at Shop No.3.
'10.It seems that the petitioner also violated the terms[of][ the][ conditions][ of]Clause 15 of the Agreement and the petitioner running[the][ business][ of][ Sweets]& Bakery and cool drinks instead of allotted business[of][ canteen.]
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 whichit is[not][ allotted.]that the petitioner has been carrying with the other business by changing thenature of business / using premises, for whichit is[not][ allotted.]
12. Thecontentionofthelearnedcounselfor thepetitionerthattheexplanation which was submitted by the petitioner pursuant[to][ the][ show][ cause]noticedated15.11.2024 wasnot consideredbytheRespondentswhileissuingthe impugnednotice dated05.12.2024,whichis contrary to theprinciplesofnaturaljusticeandtheprincipleofafairandreasonableopportunity 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 wasnot consideredbytheRespondentswhileissuingthe impugnednotice dated05.12.2024,whichis contrary to theprinciplesofnaturaljusticeandtheprincipleofafairandreasonableopportunity 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 thedate of notice.The notice itself is served after seven days.Therefore, theterms of thenotice werenot adhered by the Respondentsitselfinstrictmanner.
14. Treating the notice asif servedto the petitioner[on][ 02.12.2024,][ the]petitioner submittedher explanationwithinfour daysi.e.on06.12.2024.petitioner submittedher explanationwithinfour daysi.e.on06.12.2024.
Therefore,it is the statutory obligation on the part[of][ the][ Respondents][ that]having invited the explanation of the petitioner and[without][ considering][ the]explanation of the petitioner, the Respondents cannot[be][ proceed][ further]whichis contrary to the terms of the notice while[issuing][ the][ impugned]proceedings,Hence, the impugned proceedings dated 05.12.2024 lackssettled observations and Principles of Administrative[Law][ jurisprudence][ and][ is]liable to be set aside.
15. In view of the reasons stated above, the writ petition[is][ disposed][ of][ with]the following directions:
i.The order passed by Respondent No.3 vide proceedingsNo.C1/T2/122(03)/2021-RM(T)/DPTO, dated 05.12.2024[is][ hereby][ set]aside.
ii.However,RespondentNo.3isdirectedtoconsidertheexplanation submitted by the petitioner dated 06.12.2024[pursuant][ to]the show cause notice dated 15.11.2024 and pass appropriate[orders]*within a period of three weeks from the date of receipt[of a][ copy][ of][ this]order.
III.In the meanwhile, the Respondents are directed to allow[the]petitioner to carry out her business, till the final[orders][ to][ be][ passed][ by]theRespondents.Afterthecommunicationoffinalorders,theRespondents are at liberty to take over possession[of][ the][ subject][ shop]petitioner to carry out her business, till the final[orders][ to][ be][ passed][ by]theRespondents.Afterthecommunicationoffinalorders,theRespondents are at liberty to take over possession[of][ the][ subject][ shop]
of the petitioner in accordance with law and the Respondentsshallfollow the due procedure as contemplated under the[law.]
iv.There shall be no order as to costs.
16. Consequentlymiscellaneous applications pendingif any, shall stand closed.
Sd/- K. TATA RAOdeputy registrar
//TRUE COPY//
To,
SECTION OFFICER
Transport, Roads and Buildings (Public1. The Principal SecretaryState of Andhra Pradesh, Secretariat,State of Andhra Pradesh, Secretariat,Transport) Department,Velagapudi, Guntur District.Velagapudi, Guntur District.
2. The Managing Director, Andhra Pradesh State Road[Transport]Corporation, Vijayawada, NTR District.Corporation, Vijayawada, NTR District.
DistrictPublic Transport Officer, Andhra Pradesh State RoadTransport Corporation Chittoor, Chittoor District.
3. The District
4. The Regional Manager, Andhra Pradesh State Road[Transport]Corporation Chittoor, Chittoor District.Corporation Chittoor, Chittoor District.
Andhra Pradesh State Road Transport5. The Depot Manager, Depot -1Corporation Chittoor, Chittoor District.Corporation Chittoor, Chittoor District.
6. One CC to Sri. L J Veera Reddy Advocate [OPUC]
Roads Buildings, High Court Of Andhra Pradesh.
7. TwoCCsto GPfor[OUT][OUT]
8. Three CD Copies
HIGH COURT
DATED;31/12/2024
ORDERWP.No.30720 of 2024
DISPOSING OF THE WP
WITHOUT COSTS
ovX0 7 JAN 2025m^ , Current Section ^