High Court · 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 he pleased te gggpend th. impugned Manual Tender Notification yide Case l\9,Q111?2(8)12024-Fttrl:NZB datedQ3.02.2025 issued by the 2nd Jespopdenf le extgnt of pelilioner's case is concerned, by directing the regpondqqls tq extend lhg license te the petitioner for remaining pq6!qd of five (5) years frOm 0,1 ,01.2928 anwards in respect of DOT Stall No.8 of lndira RTC Bus Stand, Banswada, K?mareddy District, which was cpnstrucied under DOT (Deposit, Operate And Tqqqsfgr) scheme, iq the year,2007, pending disposat of the yyrit pelition. Counsgt for the Petitioner: SRI MQHD MO|N AHMED QUADRI Qounsql for the Respondents: SRI R,ANURAG, SC FOR TSRTC The Cqtlrt made the following: ORDER {- t , /-' ORDER: HON'BLE MRS JUSTICE SUREPALLI NANDA RIT ETI No.4O F 2tJ2 Heard Sri Mohd. Moin Ahmed Quadri, learned counsel appearing on behalf of the petitioner and Sri R'Anurag, learned Standing Counsel for TSRTC, appearing on behalf of the respondents.

2. The Detitione r aDoroa ched the Court ekinq praver as under: "...to issue a writ, order or direction more particularly one in the nature of Writ ol l'landamus declaring the impugned Manuai Tender Nolification vide Case No.C11122(B)/2024-RM:NZB dated 03.02'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.B 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.1775/2025 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 wp 4030 2025 in resp(lct 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."

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, 2CtO7, to remove the road margin vendors and for the expanslon of road, the Government promised the petitioner to allot shops in the newly constructed building under DO.T Scheme for a perio,C of twenty (20) years, for which the petitioner agreed. 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 was valid till the end of December, 2024. It is further the case oF the petitioner that the petitioner is further entitled for getting remainlng five (5) years lease i.e., upto, December. 2029 as per resolution No.133/2007, dated 24.1O.2OO7, however, the said lease is not being extended. Though this Court vide its order dated 24.CL.2025 in W.P.No.1775 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 a 1l J SN,J w 4030_2025 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(B) /2024-RM:NZB dated 03.02.2025 calling up fresh tender in respect of the DOT Stall No.B of Indira RTC Bus Stand, Banswada, Kamareddy District. Aggrieved by the said action of the respon dent- co rporatio n, which is in clear violation of the orders of this Court, dated 24.O1.2025 passed in i W.P.No.1775 ' of 2025, the petitioner filed the present writ petition.

4. Sri R.Anurag, learned Standing Counsel for TSRTC appearing on behalf of the respondents placed on record the proceedings dated 07.01.2025 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.1775 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 4 SN,J wp 4030_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 be 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 into consideratio n: a) The submissions made by the learned counsel i appearing on behalf of the petitioner and the learned StandinE Counsel for TSRTC appearing on behalf of the respondent-corporation and, b) The proceedings of respondent No.2 dated A7.Ot.2025 vide No.LCl785(7O)/2O24-RM:NZB issued in compliance to the orders of this Court dated 24.O1.2025 passed in W.P.No.L775 of 2025, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated 07.OL.2025 issued by the respondent No.2-Regional Manager, TGSRTC, Nizamabad. In view of the fact as borne on record that the proceedings of the respondent 5 SN,.I wp 4030_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 (O1) 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

07.O1.2O25, However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any pending, in the Writ Petition shall also stand closed. t To, //TRUE COPY// SD/-T. JAYASREE NT REGISTRAR ASSI SECTION OFF ICER

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

2. The Regionat Manager, TGSRTC, Nizamabad, Nizamabad District 9. The Depot Manager, TGSRTC, Bansada Depot, Kamareddy District' 4. 9ne CC to SRI MOHD MOIN AHtvlED QUADRI Advocate [OPUCI 5. One CC to SRI R.ANURAG, SC FOR TSRTC [OPUC] 6. Two CD CoPies q ff-- FSB FS HIGH COURT DATED: 1310212025 CC TODAY {' ORDER WP.No.4030 of 2025 1t'tE S IATF ( )e :l ,.) .1ti25 1g l'1!1 *.\ i) 1l .ri .3'y' DISPOSING OF THE WRIT PETITION, WITHOU T COSTS l.-\ l1 : i