Gopal Xerox, Represented by v. 1. Union of lndia
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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the Respondents in issuance of the eviction notice vide No.NITWAD- 3lAdminl2025l1621 dated 10.01 .2025 as illegal, arbitrary and is in violation of principles of natural justice and violative of Articles 14, 19, and 21 of the Constitution of lndia, and consequently selaside the eviction notice vide No. NITWAD-3 I Adminl2o25l 162 1 dated 1 0.O 1 .2025. lA NO: 1 OF 2025 Petition under Section 15 1 CPC praying that in the circumstances stated in the affidavit filed in sr.rpport of the petition, the High Court may be pleased to STAY the operation of the impugned eviction notice dated 10.01 .2025 issued by the Official respondents herein and allow the Petitioner herein to continue with his day to day operations till the disposal of the WP, in the interest of justice. Counsel for the Petitioner: SRI SAI PRASEN GUNDAVARAM Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUry SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2 & 3: SRI T. MAHENDER RAO, S.C. FOR NllT The Court made the following: ORDER THE HON'BLE SRI.IUSTICE'I.. VINOD KUMAR WRIT PETITION No.l6l6 of 2O25 ORDER lleard learned counsel lor petitioner, Sri Gadi Praveen Kumar, learned Deputy Solicitol General of India appearing on behalf ol respondent No.I and Sri l-.Mahendel Rao, learned Standing Counsel appealing on behalf of respondent Nos.2 and 3, and perused the record. With the consent of learned counsel appearing tbr the parties, the Writ Petition is taken up for hcaring and disposal at admission stagc. ?.. -l'he petitioner by tl.rc present Writ Petition has assailed the action ofrespondent Nos.2 and 3 in isstring eviction notice dated l0-01-2025 as being illcgal, arbilraly and in violation of plinciples ol natural justice with a consequential direction to set aside the same.
3. Petitioner contends lhat it has been granted licence to operate Xerox shop in 2'"1 respondcnt premises since 1997 on year'Iy basis by entering into an agreement; that the respondent Nos.2 and 3, all ola sudden, have nora'chose to allot the subject 2 shop to ()thers b), caliing fbr tendcrs and tender norificarion dared 24_06_2024 accordingly issued
4. It is the l.urther. case of petitioner. that though it had participared rn the aloresaid tender process and declared as successful te,ndercr no proccedings har.e been issued as oi_ date allowing the petitioner to cntel. into agreelxent to run the Xerox shop.
5. Petitioner also contcnded that the respondents on on,: hand did not issu: confir.rnation as to acceptance of tencler of petitioner, on the other hand, the respondent autltorities have issued the irnpugned evicrion notice darcd LO_L1_2025 diri:cting the petitioner to vacate the subject prenrises immediately, rvhich action it is contcnclcd as highll illcgal and arbitrary. 6. Per cotl;.,,.learncd Strnding (.ourrscl appcaring on b.,hall of respondent NIos.2 and .] on the other hand would submit that though a tender. notice u as issued on 24_06_2024 to run the stationary-curn,Xer.ox Shop in the prernises of ?rd respondent, the said tender has been cancelled and as such, the petitioner as a I matter of right cannot clairn that it having been declared as 3 successful tenderer to be arvarded with the contract.
7. Learned Standing Cor-rnsel further submits that through the agreement lor running of the Xerox shop was being renewed year on year basis, there has been no renewal after 2l-10-2022 and thus, the respondent authorities have issued notice calling upon the petitioner to submit documents for the authorities to verily
8. l-earned Standing Counsel furthcr submils that as the petitioner did not tumish the documents as sought for under the notice, the respondent authorities have issued the impugned notrce directing the petitioner to vacate and handover the possession within l5 days or at best on or before 21-01-2025.
9. Learned Standing Counsel further submits that the petrtloner IS continuing to run the Xerox shop in the 2"d respondent premises without anv valid permission or licence in its favour, had approached this Court on the respondent authorities issuing notice directing it to vacate the premises, and thus seeks for disn.rissal o1- Writ Petition t i-l 4 [0. A peru;al ol- the aerccmcnt cnrered into bv the petitioner with the 2nd respondent during thc carlier year indicates that the petitioner rvas being granted licence to run the Xerox shop on yearly basis and the clauses i, one ot the agreemcnt entered into for rhe pe|iod 0l _ l0_10 I 0 ro 3 I_ I 0_201 [ indicari:s rhe l respondeut rescrving its right to tcrminate the contt act bv giving one month noticc_ I 1. Though, it is conrendccl on behall. of r.espondcnt Nos.2 and 3 that from Octoher. 2021 onrvards, there is no agreement entered into b,v 2,,,i respondent r,i.ith the petitioner lbr allowing him to run the,Xerox shop in thc 2nd respondent prernise:;, this Court is of the vieu.. that since respondent Nos.2 and 3 authorities have issued eVicrion l)oricc on l0_0 l_2025 directing the petitioner to \, alate the pr.ern ises imr-nediately, this Court is of the view that the srrid uotice can be tr.eated as one month notice for eviction, and t.hus, thc petitioner r,r,ould be r.equired 1o vacati: the premises on expirv of 30 da1..s lront the albresaid date.
12. Subject to abor.,e observation, the Wr.it petition is disposed of. No costs **7 l- 5 I 3. As a sequel, miscellaneous pctitions pending if any shalt / stand closed //TRUE COPY// Sd/- K. SREE RAMA MURTHY T REGISTRAR ASSIST s ION OFFICER -\ 1 2 3 4 5 6 7 The Secretary, Union of lndia, Ministry of Education, Government of lndia, New Delhi, The Registrar, The National lnstitute of Technology, Warangal, Warangal, Telangana - 506004. The Alsistant Registrar (Purchase and Stores), !qt1o-n9l lnstitute of Technoloqy, Waranoal, Warangal. Telangana - 506004. one cc t6'sRt sRt"pRnsEN GUNDAVA-RAM, Advocate [oPUC] One CC to SRI T MAHENDER RAO, S.C. for NllT [OPUC] One CC to SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia [OPUC] Two CD Copies BN MP HIGH COURT DATED:2310112025 ORDER WP.No.1616 of 2025 I I T .t J rE. S T4; C 2 9 ;i,, ?025 t )€sprrlcr\ cO ^+ * DISPOSING OF THE WRIT PETITION WITHOUT COSTS I