High Court · 2025

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the afiidavit filed therewith' the High Court may be pleasedtoissueWrit,orderordirectionparticularlyoneinthenatureofWritof MandamusDeclaringtheactionoftherespondentsinissuingtheNotificationdt. 28-12-2024, NIT No. 46IEE1D-14IGHMC|KZ2O24'25' calling for Tender Cum Open Auction for 16 Stalls From Shop No 28 to 43 Ground Floor at Fish Market' BegumBazar,asarbitraryillegal,unconstitutionalandcontrarytolawandagainst the Principal of Natural Justice, consequentially direct the Respondents to adhere to their promise and allot stall to all the Vendors who were in possession of Stalls in Old Fish Market lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to Grant Stay of all proceeding against the Notification dt. 28-12-2024. Nlr No. 46lEEtD_ 14lcHMclKzl2o24-2s, cailing for Tender cum open Auction for 16 Stalrs [From shop No. 28 to 431 Ground Froor at Fish Market, Begum Bazar, pending disposar of the main Writ petition. Counsel for the Petitioners: SRI THOMAS LLOYD Counsel forthe Respondent No.1: Gp FOR MCPL ADMN & URBAN OEV counsel for the Respondent Nos.2 To 7: sRl M|DDE ARUN KUMAR, sc FoR GHMC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.791 of 2025 ORDER: Heard learned counsel appearing for the petitioners and Sri Midde Arun Kumar, learned Standing counsel appearing for respondent Nos.2 to 7. Perused the record.

2. Petitioners herein are six in number. They are members of Begam Bazar Fish Market Association. They are doing wholesale fish business for more than 61 years. They have allotted place/stalls to carry out their business by the then Municipal Authorities on nomina_l rents. They have regularly making payment of rents and have been carrying out their business in the allotted stalls. It is contended by them that in the year 20 13, GHMC has issued notice, dated 18.12.20i3 to all the vendors of the Begum Bazar Fish Market calling upon the vendors to vacate and handover the place for construction of new market in place of old one ald also requested to shift the I \l \ W.P. No.791 of 2025 ) market to suitable location and handover the market within 7 days.

3. AIl the vendors vacated the market premises and handed ovt:r the possession to GHMC authorities for construction of new market. They have constructed new building. There were about 89 vendors in occupation of said market. Respondents promised them to allot space / stalls while vacating the subject stalls. Without keeping the said promise, respondent No.6 has issued impugned tender notification, dated 28.12.2024. Challenging the said tender notification, petitioners filed the present writ petition.

4. Whereas, Sri Midde Arun Kumar, learned Standing counsel appearing for respondent Nos.2 to 7, on instructions, would submit that respondents promised the petitioners to al1ot stalls while vacating the said premises. Petitioners do not have any right to challenge the tender notification, dated 28.12.2024 KL,J W.P.No.79t of 2025 )

5. As discussed supra, even according to the petitioners, they have already vacated the subject premises and handed over the possession of the same to the GHMC for construction of new market. GHMC has also constructed new market and issued the tender notification, dated 28.12.2024 calling tenders for I I allotment of shop Nos.28 to 43 in ground floor of the said {I market. Therefore, petitioners herein failed to make out any case to interfere with the said tender notification, dated 28.L2.2O24. If the petitioners are interested, they have to participate in the open auction pursuant to the said tender notification, dated 28.12.2024. Therefore, this Court is not inclined to interfere with the tender notification, dated 28.12.2024 issued by the GHMC.

6. In the light of the aforesaid discussion, this Writ Petition is disposed of granting liberty to the petitioners to participate in the open auction pursuant to the tender W.P.No.791 of 2025 KL, 4 notiflcation, dated 28.72.2024 issued by the GHMC. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed SD/.S.MALLIKARJUNA RAO ASSIfiTANT REGTSTRAR \', t //TRUE COPY// \ CTION OFFICER To 1 Ellgp:l^9."Sretary Municipat Administration and Urban Devetopment, Hyderabad. Hyderabad. Hyderabad. ^ secreranat Buitding, Hyderabad, State of Telangana. z. .r.he commissroner, Greater Hyderabad Municip"ar corporation, Tank Bund, 3. The Additional Commissioner Estate, GHMC, Tank Bund, Hyderabad. -" 4. TheZonat Commissioner, Khairtabad Zone, Ciiife f.fo. f?, Cjftff,f6, 5. The Deputy Commissioner, Khairtabad Zone, Circle No. .14, GHMC, 6. The Office of the Executive Engineer, Division No. 14, GHMC, Abids, 7. The Estate Officer GHMC, Tank Bund, Hyderabad. 9 9ne CC to SRt THOMAS LLOYO, navociie tOiUCl 9. Two CCs to Gp FOR MCPL AqMN & UnAArif-Oe\f 'Uigh Court for the State 10.one cc to SRt MTDDE ARUN'KUMhR, SC FOR GHMC [Opuc] 1 1 . Two CD Copies of Telangana, at Hvderabad. IOUTI Hyderabad. PSK- BSK w ^ I HIGH COURT DATED:0810112025 ORDER WP.No.791 of 2025 1ir: S i.r, c

98. (. i) _ r .r rcd ?ffiS --. <(..t. > o .A Fo SPATCH * DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 1c 5lalas