The High Court · 2025
Case Details
Acts & Sections
D.Kashi Reddy, S/o.Sri D.Ganga Reddy aged about 69 years, Occ.Business, R/o.H.No.4-3-9, Chaman Galli, Banswada, Kamareddy District. AND
1. Telangana State Road Transport Corporation, Bus Bhavan, RTC-X-Road, Hyderabad, rep. by its Managing Director
2. The Regional t\4anager TGSRTC, Nizamabad, Nizamabad District. 3. The Depot Manager, TGSRTC, Bansada Depot, Kamareddy District. ...PETITIONER ...RESPONDENTS 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.C1|122(8)12024-RM.NZB daled.O3lO2l2o25 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.20 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.1B13l2O25 dated.24lo112025, 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 in respect of subject stall, and to pass 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 Tender Notification vide Case No.C1l122(8)l2o2a- RM.NZB dated. O3lO'.212025 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 remairring period of five (5) years from 0110112025 onwards in respect of DOT Sta I No.20 of lndira RTC Bu's Stand, Banswada, 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 w RIT PETITION NO- 4192 oF zo25 ORDER: Heard Sri Mohd. Moin Ahmed Quadri, tearned counsel appearing on behalf of the petitioner and Sri R'Anurag' learned Standing Counsel for TSRTC, appearing on behalf of the resPondents.
2.7 u ee ln r as und r *...to one in a writ, order or direction more the nature of Writ of Mandamus particularlY declaring the impugned Manual Tender Notification vide Case No.C1l122(B)/7O24-RMiNZB dated 03'02'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No.20 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.1813/2025 dated:24. O1'2025, is highly illegal' arbitrary, unjust, u nconstitutional, 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 w -.1192 in respect of subject stall, and torass such other order or order:; as this Hon'ble Court may deems fit and proper in the circumstances of the case." SN,J 2025
3. The case of the petitioner, in brief. is that the petitioner is t, 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, 20Oi', 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. 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 remain ng five (5) years lease i.e., upto, December,2O29 as per resolutir:n No.133/2007, dated 24.10.2007, however, the said lease is not being extended. Though this Court vide its order dated 24.Ol.r'.025 in W.P.No.1B13 of 2025, direct.ed the respondents to re-consider the case of the petitioner for extension of lease for further period of five years up to J SN,J wp_4192 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.C11122(8)/2024-RM:NZB dated 03'02'2025 calling up fresh tender in respect of the DOT Stall No'20 of Indira RTC Bus Stand, Banswada, Kamareddy District' Aggrieved by the saidactionoftherespondent-corporation,whichisinclear violation of the orders of this Court' dated 24'01'2025 passed in W.P.No.1813 of 2025, the petitioner filed the present writ petition.
4. Sri R.Anurag, learned Standing appearing on behalf of the resPondents Counsel for TSRTC placed on record the No. LCl785(70)12024-
07.07.2025 vide proceedings dated RM:NZB of the Regional Manager' Nizamabad i.e , respondent Court dated No.2 herein and contends that the order of this 24.01.2025 Passed in W.P.No.1B13 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 \vD 4lq? ,nr 5 had contributed certain amounts fon.construction of shops and appropriate reasoned orders had been passed and to ensure transparency and fairness, it is just and necessary th,rt auction needs to be conducted and the request of the petitioner to run petitioner's business for a further period of five years, ,-annot be accepted. 5 Taki nq rn co sid rati n: 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.O:L.2O2S vide No.LCl785(7O)/2c,24_Rtrt:NZB issued in compliance to the orders of this Court datecl 24.O1.2O25 passed in W.p.No.1813 of 2O25, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated 07.OL.2O2S iissued by the respondent No.2_Regionat Manager, TGSRTC, Nizamabad. fn view of the fact as borne on record that the proceedings of the respondent ) SN,J wp 4192 2025 No.2 dated 07.O1-.2O25 had been issued in pursuance to the petitioner approaching thas 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 2"d respondent dated 07.OL.2O25. However, there shall be no order as to costs' Asa sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed' I //TRUE COPY// SD/- A' SRINIVAS REDDY '/ ASSI TANT REGISTRAR ECTION OFFICER To, 1 . The Managing Director, Telangana State Road Transport Corporation' Bus " Bhavan, RiCIX-Road, HYderabad,
2. TheRegional Manager TGSRTC, Nizamabad' Nizamabad District' 3. The Depot Manager, TGSRTC, Bansada Depot' Kamareddy Districl 4. One CC to SRI MOHD MOIN AHMED QUADRI' Advocate lOPUCl 5. One CC to SRI R.ANURAG, (SC FOR TSRTC) [OPUC] 6. Two CD CoPies. BSK KKS , CC TODAY 5TAT€ 1 )F { 1g \\rt' t[1 f o a o .L- -{ .i,,iii 1' r( HIGH COURT DATED:13102t2025 ORDER WP.No.4192 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 4-.+ ,/, 1