Md.Azeem v. Telangana State Road Transport Corporation

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 impugned Manual Tender Notification vide case No.C1t122(8)t2024-RM NZB dated. 0310212025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.13 of lndira 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 Honourable Court in WP No.'176912025 daled. 2410112025, 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, and consequently direct the respondents herein to extend the license period for remaining period of five (5) years in respect of subject stall. :r lA NO: 1 OF 2025 Petition und,er 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 impugrned tr,4anual Tender Notification vide Case No.C1l122(8)12024- RM NZB daled. 0310212025 issued by the 2nd respondent to extent of petitioners case is concernecl, by directing the respondents to extend the license to the petitioner for remaining period of five (5) years from 0110112025 onwards in respect of DOT Stall No.13 of lndira RTC Bus Stand, BanswarJa, Kamareddy District, which was constructed under DOT (Deposit, Operate and Transfer) scheme, in the year, 2007, pending disposal of the writ petition. Counsel for the Petitioner : SRI MOHD MOIN AHMED QUADRI Counsel forthe Respondents: SRI R.ANURAG, (SC FOR TSRTC) { The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.4O29 0F 2f)25 ORDER: 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 titloner a ooroached the Cou r see kino Draver asu nder: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Manual Tender Notificatlon vide Case No.C1l722(8)/2024-RM:NZB dated 03.02.2025 issued by the 2nd respondent calling up fresh tender in respect of DoT stall No.13 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.l769/2025 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 petltioner'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 \\n 4029 2025 in respect of subject stall, and to pass such other order or orclers as this Hon'ble Court may deems f it and proper in the circumstances oF the case."

3. The case of the petitioner, in brief, is that the petitioner is the lease hr:lder of the shop of Indira RTC Bus Stand, Banswada and he is doing business at road margin of RTC Bus Stand. In the year, 2t)07, 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 pericd 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, 2.024. lI is further the case ot the petitioner that the petitioner is further entitled for getting rem,aining five (5) years lease i.e., upto, December. 2029 as per resolution No.133/2007, dated 24.10.2007, hor,vever, the said lease is not being extended. Though this Court vide its order dated 24.07.2025 in W.P.No.1769 of 2025, dirr:cted 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 4029 2025 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.CU 122(B)/2024-RM:NZB dated 03'02'2025 calling up fresh tender in respect of the DOT Stall No'13 of Indira RTC Bus Stand,Banswada.KamareddyDistrict.Aggrievedbythesaid action of the respondent- corporation ' which is in clear violation of the orders of this Court, dated 24.01,2025 passed in W.P.No.1769 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 'Ol'2025 vide No'LC/785(70)12024- RM:NZB of the Regional Manager' Nizamabad i'e'' respondent No.2 herein and contends that the order of this Court dated 24.0t.2025 passed in W'P'No'1769 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 lawhadbeenreconsideredbytherespondentcorporationduly considering the specific plea of the petitioner that the petitioner 1r:::i."31 l-.L 4 SN,J \ .p 4029 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 br: conducted and the request of the petitioner to run petitioner's business for 6 fgfthsr period of five years, cannot be accepted 5 Taki nq into co sid eratlon: d' a) The submissions made by the learned counsel appearing on behalf qf the petitioner and the learned Standing Counset for TSRTC appearing on behalf of the respondent_corporation and, b) The proceedings of respondent No.2 dated 07.OL.2O2S vide No.LC/7a5(7A)/2O2a-RM:NZB issued in compliance to the orders of this Court dated 24.01.2025 passed in W.p.No.1169 of 2O2St The writ petition is disposed of giving tiberty to the petitioner to challenge the said proceedings dated 07.O1.2025 issued by the respondent No.2_Regional Manager, TGSRTC, Nizamabad, fn view of the fact as borne on record that the proceedings of the respondent 5 SN,J 4029 2025 wp, in pursuance to 'ssued No.2 dated 07.OL.2O25 had been the petitioner approaching this Court by filing the present writ petition, a reasonable period of one (01) 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 2"d respondent dated 07 -OL.2O25. However, there shall be no order as to costs' As a sequel, the miscellaneous petitions, if in the Writ Petition shall also stand closed' any pending, SD/.K.SREERAMA MURTHY TANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The Managing Director, Telangana State Road Transport Corporation' Bus ' e'dir]n, Rtclx-Road, HYderabad' 2. The Regional Manager, TGSRTC' Nizamabad' Nizamabad District' 3. The Depot Manager, TGSRTC' Bansada Depot' Kamareddy District' 4. One CC to SRI MOHD MOIN AHMED OUADRI' Advocate" TOPUCI 5. One CCto SRI R.ANURAG' (SC FORTSRTC)' [OPUC] 6. Two CD CoPies BSI(BSK Y{ ,/ /-/ I HIGH COURT DATED:1310212025 CC TODAY 1$r,. STATE <!. 1g lt\[$ ?ffi Z J: \ ORDER WP.No.4029 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS % o{"4 5 1