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 pa(icularly one in the nature of writ of Mandamus declaring the impugned Manual render Notification vide case No.c1l122(8)12024-RM.NZB dated.03.02.2025 issued by the 2nd respondent calling up fresh tender in respect of Dor Stall No.'l of lndira RTC Bus stand, Banswada, Kamareddy District, which was constructed under Dor (Deposit, operate and rransfer) scheme, in the year, 2007, without reconsidering the request of the petitioner for extension of lease, and contrary to directions issued by this Honorable court in wP No.1766t2o2s dated.z4.o1 .zozs, is highly illegal, arbitrary unjust, unconstitutional, and in violation of principles of natural justice, and set aside the same to extent of petitioners case is concerned, consequently direct the respondents herein to extend the license period remaining period of five (5) years in respect of subject stall. l 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 suspend the impugned Manual render Notification vide case No-c1t122(g)t2o24- RM.NZB dated.03.02.2025 issued by the 2nd respondent to extent of petitioners case is concerned, by directing the respondents to extend the license to the petitioner for remaining period of five (5) years from 01.01 .2ozs onwards in respect of DOT Stall No.1 of lndira RTC Bus Stand, Banswada, Kamareddy District, which was constructed under Dor (Deposit, operate and rransfer) scheme, in the year, 2007, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOHD. MOIN AHMED QUADRI Counsel for the Respondents: SRI R. ANURAG, S.C. FOR TSRTC The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA W T PETIT ON No.3 96s OF 2025 ORDER: Heard Sri Mohd. Moin Ahmed euadri, learned counset appearing on behalf of the petitioner and Sri R.Anurag, learned Standing Counset for TSRTC, appearing on behalf of the respondents. 2 as under: ched h k "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Manual Tender Notification vide Case No.C1l122(B)/2024-RM:NZB dated 03.02.2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.1 of Indira RTC Bus Stand, Banswada, Kamareddy District, which was constructed under DOT (Deposit, Operate and Transfer) scheme, in the year, 2007, without reconsidering the request of the petitioner for extension of lease, and contrary to directions issued by this Hon'ble Court in Wp No.7766/2025 dated:24.OL.2OZS, is highty iilegat, arbitrary, unjust, u n constitutiona I, and in violation of principles of natural justice, and set aside the same to extent of petitioner's case is concerned, and consequently direct the respondents herein to extend the license period for remaining period of five (5) years 2 SN,J w_.396s 2025 in respect of subject stall, and to pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case. It is further prayed that this Hon,ble Court may be pleased to suspend the impugned Manual Tender Notification vide Case No.C1l122(B)/2024_RM:NZB dated:03.02.2025 issued by the 2nd respondent to extent oF petitioner's case is concerned, by directing the respondents to extend the license to the petitioner for remaining period of five(5) years from 01.01.2025 onwards in respect of DOT Stall No.1 of Indira RTC Bus Stand, Banswada, Kamareddy District, which was constructed under DOT (Deposit, Operate and Transfer) scheme, in the year, 2007, pending disposal of the writ petition and to pass such other order or orders as this Hon'ble court may deems fit and proper.,,

3. The case oF the petitioner, in brief, is that the petitioner is the lease holder of the shop of Indira RTC Bus Stand, Banswada and he is doing business at road margin of RTC Bus Stand. In the year, 2OO7, to remove the road margin vendors and for the expansion of road, the Government 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 3 SN,J wP_3965 2025 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, December, 2029 as per resolution No.133/2007, dated

24.70.2007, however, the said lease was not being extended. Though this Court vide its order dated 24.01.2025 in W.P.No.1766 of 2025, directed the respondents to re-consider the case of the petitioner for extension of lease for further period of fie years up to December,2029 within a period of two weeks from the date of the said order and till such time, the respondents were directed not to dispossess the petitioner from the subject stall, the respondent-corporation issued Manual Tender Notification vide Case No.C1l122(B) /2024-RM:NZB dated

03.02.2025 calling up fresh tender in respect of DOT Stall No.1 of Indira RTC Bus Stand, Banswada, Kamareddy District. Aggrieved by the said action of the respo n dent-co rporation, which is in clear violation of the orders of this Court, dated

24.07.2025 passed in W.P.No.1766 of 2025 the petitioner fited the present writ petition. 4 1 SN,J w_3965_2025 4. Sri R.Anurag, learned Standing Counsel for TSRTC appearing on behalf of the respondents placed on record the proceedings dated 12.02.2025 vide No.LCl785(70)/2024- RM:NZB of the Regional Manager, Nizamabad i.e., respondent No.2 herein and contends that the order of this Court dated

24.01.2025 passed in W.P.No.1766 of 2025 had been duly complied with and the request of the petitioner for extension of lease period of DOT stalls for another five years in accordance to law had been reconsidered by the respondent corporation duly considering the specific plea of the petitioner that the petitioner had contributed certain amounts for construction of shops and appropriate reasoned orders had been passed and to ensure transparency and fairness, it is just and necessary that auction needs to be conducted and the request of the petitioner to run petitioner's business for a further period of five years, cannot be accepted. kin into considerati a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel for TSRTC appearing on behalf of the respondent-corporation and, I \ 5 *p 3e6s rilj b) The proceedings of respondent No.2 dated 12.02.2025 vide No.LCl785(70)/2124_Rtvt:NZB issued in comptiance to the orders of this Court dated 24.01.2O25 passed in W.p.No.t766 ot 2025, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated 12.02.2025 issued by the respondent No.2_Regional Manager, Nizamabad. fn view of the fact as borne on record that the proceedings of the respondent Irto.Z aateO 12.02.2025 had been issued by the respondent_ corporataon in pursuance to the petitioner approaching this Court by fiting the present writ petition, a reasonable period of one (1) week from the date of receipt of a copy of this order is granted to the petitioper to pursue the petitioner's remedies. The respondents are directed not to take any coercive steps against the petitioner for a period of one (O1) week from the date of receipt of copy of the order to enable the petitioner to pursue the remedies as are available to the petitioner. However, there shall be no order as to costs. i l 6 SN,J w_3965 2025 As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPY// SD/.MOHD. ISMAIL REGISTRAR ASSIST SE ION OFFICE R -/-

1. The Manaqinq Director, Telangana State Road Transport Corporation, Bus Bhavan, RTC-:X-RoaO, HYderabad.

2. The Regional t\,4anager, TGSRTC, Nizamabad, Nizamabad District. 3. The Depot Manager, TGSRTC, Bansada Depot, Kamareddy District' 4. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate IOPUCI' 5. One CCto SRI R. ANURAG, S.C. foTTSRTC [OPUC] 6. Two CD CoPies To, MP BS HIGH COURT DATED:1310212025 H1

9.f d'I 1 q t) 25 i' I I ,tl ,,/ ^--* ORDER WP.No.3965 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS / I /tt / 1/