The High Court · 2025
Case Details
Acts & Sections
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 deblaring the impugned Manual Tender Notification vide Case No.C11122(8)/2024-RM'NZB dated'O302'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No'14 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 Honble court in wP No.l77112025 dated.24.O1 .2025, is highly illegal' arbitrary, unjust, unconstitutional, and in violation of principles of natural lustice, andsetasidetheSametoextentofpetitionerscaseisconcerned,and consequenfly direct the respondents herein to extend the license period for remaining period of five (5) years in respect of subject stall' IAN O: 1O F2025 petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, *rg High court may be preased to suspend the impugned Manuar render Notification vide case No.{)11122(8)t2024_ 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 ricense to the petitioner for remaining period of five (5) years from 01 .01 .2025 .nwards in respect of Dor Sta' No 14 0f rndira RTC Bus stand, Banswacra, Kamareddy District, which was conr scheme, in the year, ,oor,"o"1o:,;:H::;;:T;ij",,n"31"" and rransfer) Counsel for the petitioner : SRI MOHD MOIN AHMED eUADRI Counsel for the Respondents: SRI R.ANURAG, (SC FOR TSRTC) The Court made the foltowing: ORDER .t. HON'BLE MRS JUSTICE SUREPALLI NANDA R P o F o o RDE 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' e h r s n r 2 T a 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.c11122(8)/2024-RM:NZB dated 03'O2'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No'14 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.l77t/2025 dated:24' Ol'2075' is highly illegal' arbitrary, unjust, u ncon stitutiona l' 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_4042 2025 rn respect oF subject sta[, and to pass such other order or orders as this Hon,ble Couk may deems fit and proper in the circumstances of the case.,,
3. The case of the petitioner, in brief, is that the pretitioner 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, 2007, to remove the road margin vendors and for the expansion ol road, the Government promised the petitioner to allot shops irr the newly constructed building under DOT Scheme for a period of twenty (20) years, for which the petitioner agreed. After completion of construction of shops, initially, the petitioner wa:; 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 thel petitioner that the petitioner is further enti,ed for getting remaining five (5) years rease i.e., upto, December, 202g as per resoluti,3n No.L33/2007, dated 24.L0.2007, however, the said lease is not being extended. Though this Court vide its order dated 24.07.2025 W.P.No.1771 of 2025, directed the case of the petitioner for period of five years up to respondents to re_consider the extension of lease for further J SN,J wp_4042 2025 December, 2029 within a period of two ('O2) weeks from the date order and till such time' the respondents were of the said to dispossess the petitioner from the subject stall' directed not the respondent-corporation issued Manual Tender Notification vide Case No'C1/122(B)12o24-pltn :NZB dated 03'02'2025 calling up fresh tender in respect of the DOT stall No'14 of Indira RTC Bus Stand, Banswada, Kamareddy District. Aggrieved by the which is in clear said action of the respondent-corPoration' violation oftheordersofthisCourt,dated24.0l.2025passedin W.P.No.1771 of 2025' the petitioner filed the present writ petition. No.LC/7Bs(70)12024- Counsel for TSRTC placed on record the
4. Sri R.Anurag, learned Standing appearing on behalf of the respondents proceedings dated 07 'OL'2O25 vide. 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'1771 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 pe-titioner that the petitioner 4 SN,J wp_4042 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 tlusiness for a further period of five years, cannot be a ccepted. T n o a) The submissions made by the learned counset appearing on behalf of 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.LCl785(70)/2O24_RM:NZB issued in comptiance to the orders of this Court dated 24.01.2025 passed in W.p.No.t77t of 2O25, The writ petition is disposed of giving tiberty to the petitioner to chailenge the said proceedings dated 07.OL.2O2S issued by the respondent No.2_Regiona! Manager, TGSRTC, Nizamabad. fn view of the fact as borne on record that the proceedings of the respondent -:\--_ 5 SN,J wp_4042_2025 No.2 dated 07.OL.2O25 had been issued in pursuance to the petataoner 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 remedies as are available to the petitioner. The respondents are further directed not to take any coercive steps against the petitioner for a period of one (01) week from the date of receipt of a copy of this order to enabte the petitioner to pursue the remedies as are availabte to the petitioner against the order of the respondent No.2 dated 07.OL.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. //TRUE COPY// SD/. A. SRINIVAS REDDY AS ISTANT REGISTRAR SECTION OFFICER To, 1 . The Managing Director Telangana State Road Transport Corporation, Bus Bhavan, RTC-X-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 QUADRI, Advocate. [OPUC] 5. One CC to SRI R.ANURAG (SC FOR TSRTC). [OPUC] 6. Two CD Copies. BSK KKS CC TODAY 1u\ESTaIE o 1!I fllAR 2025 z o 4) \t,:\+. Fi..i 4 * HIGH COURT DATE D: 1 3t02t2O2S ORDER WP.No.4O42 of ZOZ1 DISPOSING OF THE WRIT PETITION WTHOUT COSTS / 2