High Court · 2025

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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings No.LC/785(70)12O24-RM.NZB dated.O7l01l2025 issued by the 2nd respondent rejecting the request of the petitioner for renewal of license for remaining period of five (5) years from 0110112025 onwards, is highly illegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice, and also contrary to Resolution No.133i2007 dated.24l1ol2O07 and atso Note prepared on 2411012007 vide No.C1I797I(BSWDy07-RM-NAB, and set aside the same, and consequenfly direct the respondents herein to extend the license period for remaining period of five (5) years. |.A.NO:1 OF 2025 Petition Under llection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents; to extend the license to the petitioner for remaining period of five (5) years fron 0110112025 onwards, by suspending the proceedings No.LC/785(70)12024-RM.NZB dated.O7l01l2O25 issued by the 2nd respondent, pending disposal of thr: writ petition. Counsel for the Petitioner : SRI MOHD MOIN AHMED QUADRT Counsel for the Respondents : SRI R.ANURAG, SC FOR TSRTC The Court made the following ORDER I IION'BLE MRS. JUSTICE SUREPALLI NANDA RI PE ITI N 76 t2 ORDER: . Heard Sri Mohd. Moin Ahmed euadri, tearned counsel appearing on behalf of the petitioner and Sri R.Anurag, learned Standing Counset for TSRTC, appearing on behalf of the respondents. 2 T a c s a r asu der: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings No.LCl785(70)/ZO2a_RM:NZB dated 07.01.2025 issued by the 2nd respondent rejecting the request of the petitioner for renewal of license for remaining period of five (5) years from 01.01.2025 onwards, is highly illegal, arbitrary, unjust, u nconstitu tiona I and in violation of principles of natural justice, and also contrary to Resolution No.133/2007 dated 24.1O.2007 and also Note prepared on 24.LO.ZOO7 vide No.CL/797/(BSWD)/o7-RM-NAB, and set aside the same, and consequently direct the respondents herein to extend the license period for remaining period of five (5) years, and to pass such other order or orders as this Hon,ble Court may deems fit and proper.,, 2 SN, J 1,\P 1760 2025

3. The case of the petitioner, in brief, is that the petitloner is the lease holder of the shops of Indira RTC Bus Stand, Banswada and he is doin1l business at road margin of RTC Bus Stand. In the year, 2OO-,7, to remove the road margin for expansion of road, the Goverrnment promised the petitioner to allot shops in the newly constructed building under DOT Scheme for a period of twenty (20) years, for which the petitioner agreed for the same. After completion of construction of shops, initially, the petitioner was granted the lease for a period of five (5) years on a fair monthly rent and the said lease was extended from time to time, and is valid till the end of December, 2024. It is further the case of the petitioner that the petitioner is further entitled for getting remaining five (5) years lease i.e., upto, 2029 as per resolution No.133/2007, dated 24.10.2007 however the said lease was not being extende,l. Hence, the petitioner filed the present writ petition. EDT RECORD

4. The relevant oortion of the coov of the note file in Resolution No.133/2OO7 dated 24.LO.2OO7 is extracted hereu nder: J SN. J wP t760 202i "a) The total cost of construction of these 23 shops i.e., Rs.24.50 lakhs is to be met from different sources as follows: CM's relief fund M LA's constituency development fu nd Rs.7.00 lakhs Rs.5.00 Iakhs Beneficiaries contribution b) The tenure of the allotment of these 23 Rs.12.50 lakhs shoos on nomination basis shall be vears after which these shoDs shall be allotted on ooen in which h r s will hav the first preference on fair commercial terms. c) A fair monthly license fee in respect of these 23 shops during their 5 year tenure shall be fixed basing on the market value." 5 o The oetitioner aooroached this Court on an earlier lin W.P.No.18134 of 2 L4 n dated 16.1O.2O14 and the oortion of the said order is extracted hereunder: "The learned Standing Counsel stated that as the petitioners have agreed for the offer referred to 4 S\, J \vP 1760 202i above, ther licences will be extended for a period of another five years as stipulated in the present tender notificat ion. Havinq reoard to the above submis ions of the learned Counsel for the Darties, he Writ Petition is disoosed of with the direction to the end the licence of the resDondents oetitioners for anoth er term of five vea rs subiect recelved in Dursuance of the Dresent tender notification. hi hest bi the la As ra sequel to the disposal of the Writ Petition, interim order dated 2-7-2014 is vacated and WPMP No.22732 of 2Ot4 and WVMP No.19B7 of 2Ol4 are disposed o€ as infructuous. " 6 The oetition r recentlv aooroached this Court bv filino W.P.No. 7s75 ol 2(J24 and the same was disoosed of vide order dated O3.1O.2O24 observ ino as under: "7 . Taking into consideration the submissions made by both the learned counsel on record, the writ petition is disposed of directing the respondents to consider the petitioner's representations dated 12.08.2024 and 17 .O8.2024 and pass appropriate orders in accordance to law in conformity with principles of natural justice by 5 SN. J wp 1760 202i giving an opportunity of personal hearing to the petitioner within a period of two (2) weeks from the date or receipt of a copy of this order and duly communicate the decision to the petitioner. However, there shall be no order as to costs. "

7. In pursuance to the orders of this Court dated 03.10.2024 passed in W.P.No.27575 of 2024, the present impugned proceedings dated 07.01.2025 had been passed by the 2nd respondent rejecting the request of the petitioners for another extension of five years lease period stating that the said request, cannot be accepted since the period of license of the petitioners had been expired and tenders need to be called for allotment of these stalls and if the petitioners are interested, the petitioners can participate in the tenders and in case the petitioner succeeded, the shops will be allotted basing on their offer.

8. Learned counsel appearing on behalf of the petitioner submits that as observed in the impugned proceedings of the Regional Manager, Nizamabad dated 07.O1.2025 vide No.LCl785(70)/2O24-RM:NZB that as per the Resolution No.133/2007 dated 24.10.2007, 23 shops at Banswada Bus Stand were constructed under DoT Scheme with the aid and funds of Rs.25,00,000/- and 5Oo/o amount i.e., Rs.12,50,000/- 6 SN. J \\P 1760 2015 from the benel'iciaries contribution i'e', from the allottees oF shops for which they were promised to allot the shops under lease for a period of 20 years and that after completion of shops initially lease vrtas granted for a period of 5 years which was extendedfromtimetotimeandvalidtillDecember,2024hence the petitioner requested to renew the lease for another period of five years since petitioner contributed certain amounts petitioner's request for extension of lease period for further five years should be favourably considered and that the petitioner is willing to participate in the tender process and is willing to pay over and above the highest bid in pursuance of the proposed tender notificatron to be issued by the respondent corporation'

9. Learned litanding Counsel submits that the request of the petitionerwasrlulyconsideredaSperthedirectionsofthisCourt dated 03.10.2024 passed in W.P.No.27575 of 2024 by providing an opportunity of personal hearing to the petitioner and further that shops are: to be allotted through open tenders only and therefore, the (lxtension for a further period of five years cannot be acceptecl and there is no illegality in proceedings dated 07.01.2025 passed by the 2nd respondent Regional Manager, l SN. J wP 1160]]015 Nizamabad and the learned Standing Counsel requested time for filing of counter to that effect.

10. A bare perusal of the impugned proceedings dated 07.01.2025 of the Regional Manager, Nizamabad clearly indicates that it is the specific case of the petitioner that petitioner had contributed funds for the establishment of the shops, on a promise made by the Respondent Corporation that the shops would be allotted under lease for a period of 20 years.

11. The relevant paragraph's indicating the same of the impugned proceedings dated O7.O1.2O25 of the 2nd respondent is extracted hereunder: "In the representation, dated 12.08.2024, Sri R.Ganga Reddy, the petitioner No.21 stated that as per the Resolution No.133/2007, dated 24.70.2007, 23 shops at Banswada Bus stand were constructed under DOT Scheme with the aid and funds of Rs.25,00,000/- i.e., 5Oo/o amount i.e., Rs.12,50,000/- from the beneficiaries contribution i.e., allottees of shops for which they were promised to allot the shops under lease for a period of 20 years and that after completion of shops initially they were granted lease for a period of 5 years, which extended from time to time and valid till December, 2024. Hence, they S s\. l \\:P 1760 l0l: requested to renew the lease for another period of five (5) yea rs. I have gone through the records, representations submitted by the petitioners, submissions during the personal hearing 23 shops were constructed at Banswada Bus Station with the Hon'ble Chief Minister Relief Fund of Rs.7 'akhs, MLA's constituency fund of Rs.5.00 lakhs and the contribution of beneficiaries of Rs.12.50 lakhs and they were corstructed by Panchayat Raj Department." L2. Taking into considerataon: (a) The facts and circumstances of the case, (b) The proceedings of the 2"d respondent i.e., Regional Manager, TSRTC, Nizamabad dated O7.O1.2O25 impugned in the present writ petition (referred to and extracted above), The writ petition is disposed of directing the respondent corporation to reconsider the request of the petitioner for extension of lease period of petitioner's DOT Stall for another 5 years, in accordance to law, duly considering the specific plea of the petitioner that the petitioner had contributed certain amounts lor construction of the shops and pass appropriate orders 9 SN, J wP 1760 1025 within a period of two(2) weeks from the date of receipt of a copy of this order. Till appropriate orders are passed as per the directions as indicated above within the time period as stipulated as above, respondents are directed not to dispossess the petitioner from the petitioner,s subject DOT Stall No.1 of Indira RTC Bus Stand, Banswada which was constructed in the year 2OO7 under DOT (Deposit, Operate and Transfer) Scheme. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions , if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/.T. TIRUMALA T}EVI NT REGISTRAR ASSI ECTION OFFICER To Bhavan, Rldx-Road, HYderabad.

1. The Manaqino Director, Telangana State Road Transport Corporation' Bus Z. ine n"gionat Managei T'GSRTC, Nizamalad, Niz-amabad District' 5. ii;; Ei;;"t Mun"gur:icsnrc, Bansada Dejlt, Kamareoav-Qlqt1i.ct ;. o";bCi" snr rtrioHo MolN AHMED ou4DBl, Advocate [oPUc] S. One CC to SRI R.ANURAG, Advocate [OPUC] 6. Two CD CoPies SA BS s ( tJ !) 4 1 dE STA., € 3 0 JAN 2[25 t oEs pai c'd 7 .!, t HIGH COURT DATED:2410112025 ORDER WP.No.1760 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. @c"g' %,r