High Court · 2025

Petition under Article 226 of lhe constitutign of lndia prayipg that in the circumstances stated in the affidavit filed therewith, the High Court may be pleasedtoissueawrit,orderordireqtionmoreparticu|arlyoneinthenatureof writ of Mandamus declaring the impugned Manual Tender Notificatign vide case No.C1l'122(8)12024-RM:NZB dated.03.022025 issued by the 2nd responden! calling up fresh tender in respect of DOT Stall No 3 of lndira RTQ Bus Stand' Banswada, Kamareddy District, which wag constructed under DOT (Deposit' gperate and Transfer) scheme' in the year, 2007, without reqanside(ing the !.equestofthepetitionerforextensionoflease,andcontrarytgdirectionsissugd bythisHon',blecourtinwPNo.'177912025daled24.01.2025'ishighlyillegal, qrbitrary, unjust, u nconstitution a l, and in violation of principles of natural iustice, and set aside the same to extent of petitioner's case is remaining peri-O( of five (5) years in rgspect of subject stall. 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 Cou( may be pleased tq suspend the inrpugned lt/lanual Tender Notification vide Case No.C1ll22(B)12024-RM.NZB dated.03.02 2025 issued by the 2nd respondent te 95l9nt of petitioner's; case is concerned, by directing the respondents to extgnd thg license to the petitioner for remaining period of five (5) years fr,gm 01.Q1.202F Qnu/ards in respect of DOT Stall No.3 of Indira RTC Bus $tand, Bq4swpdq, Kamareddy District, which was constructed under DOT (Deposit, Operate p1{ Tr:ansfer) scheme, irr the year, 2007, pending disposal of the writ Fetition Qeunsel for the Petitioner: SRI MOHD MOIN AHMED OUADRI Cggnsgl for the Respondents: SRI B,ANURAE, SC FOR TSRTC The Cqurt made the following: ORDER 'ir i i {' HON'BLE MRS JUSTTCE SUREPALLI NANDA WRIT PETITION 0.4095 0F 2025 ORDER: Heard Sri Mohd. Moin Ahmed Quadri, learned counse! appearing on behalf of the petitioner and Sri R.Anurag, learned Standing Counsel for TSRTC, appearing on behalf of the respondents. tataoner app roached the Court seekinq Draver

2. The as under: "...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.C1lL22(B)/2024-RM:NZB dated 03.02'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.3 of Indira RTC Bus Stand, Banswada, Kamareddy District, which was constructed under DOT (Depostt, 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.L779/2025 dated:24.01.2025, is highly illegal, arbitrary, unjust, unconstitutional. 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 wl 4095_2025 in respect of subject stall, and to pass such other order or orclers as this Hon'ble Court may rleems fit and proper in the circumstances of the case."

3. The case of the petitioner, in brief, is that the petitioner is the lease h,clder of the shop of Indira RTC Bus Stand, Banswada and he is doing business at road margin of RTC Bus Stand. In the year, 2007, 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 DCIT Scheme for a period of twenty (20) years, for whlch the petitioner agreed. After completion of construction of shops, initially, the petitioner was granted the lease for a period ol five (5) years on a Fair monthly rent and the said lease was extended from time to time, and vvas valid till the end of December, 2_024. ll is further the case of the petitioner that the petitioner is further entitled for getting remaining five (5) years lease i.e., upto, Decenrber, 2029 as per resoLution No.133/2007, dated 24.10.2007, however, the said lease is; not being extended. Though this Court vide its order dated 24.(17.2025 in W.P.No.1779 oF 2025, directed the respondents; to re-consider the case of the petitioner for extension of lease for further period of five years up to 3 SN,J wp 4095-02s December, 2029 within a period of two (02) 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(8)/2024-RM:NZB dated 03'02'2025 calling up fresh tender in respect of the DOT Stall No'3 of Indira RTC Aggrieved bY the Bus Stand, Banswada, Kamareddy District' said action of the respondent-corporation' violation of the orders of this Court, dated 24'Ol'2025 passed in which is in clear {' W.P.No.lTTgof2025,thepetitionerfiledthepresentWrit petition.

4. Sri R.Anurag, learned Standing Counsel for TSRTC appearing on behalf of the respondents placed on record the proceedings dated 07 'o:-'2025 vide No'LC/785(70)12024- RM:NZBoftheRegionalManager,Nizamabadi.e.,respondent No.2 herein and contends that the order of this Court dated 24.OL.2025 passed ln W'P'No'1779 of 2025 had been dulv complied with and the request of the petitioner for extension of lease period of DOT stalls for another five years in accordance to lawhadbeenreconsideredbytherespondentcorporationduly considering the specific plea of the petitioner that the petitioner i w' 4 SN,J \\p 4095 2025 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 b,3 conducted and the request of the petitioner to run petitioner's business for a further period of five years, cannot be accepted. 5 Takin o tnto consideration: 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, b) The proceedings of respondent No.2 dated 07.OL.2O2s vide No.LCl785(70)/2O24-RM:NZB issued in compliance to the orders of this Court dated 24.O1.2O25 passed in W.p.No. t779 of 2025, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated 07.O1.2025 issued by the respondent No.2-Regionat Manager, TGSRTC, Nizamabad. In view of the fact as borne on record that the proceedings of the respondent 5 SN,J wp_4095 2025 No.2 dated 07.OL.2O25 had been issued in pursuance to the petitioner approaching this Court by filing 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 petitioner 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 a copy of this order to enable the petitioner to pursue the remedies as are available to the petitioner against the order of the 2nd respondent dated fl7.Or,.2O25. 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. JAYASREE ASSI ANT REGIST ECTION OFFICER to', The Managing Director,. Telangana State Road Transport Corporation' Bus Bhavan, RTC-X-Road' HYderaoao'

2. The Regional Manager, TGSRTC' Nizamabad' Nizamabad District' 3. The Depot Manager, TGSRTC' Bansada Depot' Kamareddy Dlstrlct' 4. One CC to SRI MOHD MOIN AHt\ilED OUADRI Advocate tOPt-fCl 6. One CQ to SRI R.ANURAG, SC EOR TSRTC [OPUC] 6. Two CD Copies r BSR BS ,"r HIGH COURT DATED: 13t02t2025 CC TODAY ORDER WP.No.a095 of 2025 -( L ST,{Ts q J ts t,,xi 2[25 v z C): 4' .t i:.. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 04 \1 3 2-5