High Court · 2025
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Petition under Article 226 of lhe 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 dated-03'02'2025 issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No'23 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 Hon'ble Court in WP No201 Ot2O25 dated-24'O1'2025' 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 consequentlydirecttherespondentshereintoextendthelicenseperiodfor remaining period of five (5) years in respect of subject stall' under S( RM-NZB O""O_ Or,,rr)ruan oection 151 cPc pravins th, IA No:1 OF 2025 petition the affidavir ;,"";;' suspend rhe impusned ;:i jt-." *;',,;;,,,,r',i ;t:::';'il;.ffi:"XT ; :::: ^ co n ce rn e d, ;#ffi H":;r# T i;":"" J: :l J': ::l!,::::; petitioner for remaining ,"r,oo".r'o].,-=;::'o"no to extend the license to the ;ffi; ;,,*i*:i:T:: :::t"_i? ;:,,.*, ,,0,,.,,u.""*",.. , scheme,ntneyear,;;;ffii,T*li#T,"ilr, j,i,Tlil;":#fl # ua I Tender Notificatior Counsel for the petitioner: SRl. MOHD MOIN AHMED eUADRt counser for the Respondents: sRr R.ANURAG, (sc FoR TsRTc) The Court made the following: ORDER R ON,ALE MRS ]USTICE SUREPALLI NANDA H P N 4 F oRDER: Heard Sri Mohd' Moin Ahmed Quadri' - ,r..-zrri. learned counsel appearing on behalf of the petitioner and Sri R'Anurag' learned Standing Counsel for TSRTC' appearing on behalf of the resPondents' 2 T n r h t r r 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 dated 03'O7'2025 case ruo'cr/r2Z(J)/2024-RM:NZB issued by the 2nd r"'pond"nt calling up fresh tender in respect of DOT Stall No'23 of Indira RTC Bus Stand' Banswada, Kamareddy District' which was constructed under DOT (Deposit' Operate and Transfer) scheme' rn 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.2010/2025 dated:24' Ol'2025' is highly illegal' arbitrary, unjust' u nconstitution al' 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 in respect oF subject stall :.,.r *^ ", ,n;;;":lf "io t pass such othr:r order or orcrers proper in tne ci.cu"m;:"T lor* ,u, deems fit and lces of the 635". . *p-al++-,s#i
3. The ca:se of th pe,i,.ner s ius Stand, Ilanswada ":. ;:,, ;;;;:iff::1,::T:.,,...,,he less at road rnargin of RTC Bus Stand. In the year, 200..7, to remove the road margin vendors anrj for the expansion of road, the Government promised the petitioner to allot shops in the newly constructed building ,ra", ,"r';:rlr" for a period of twenty (20) years, for which the petitioner agreed. After c,rmpletion of construction of shops, initiatly, the petitioner was granted the lease for a period of five (5) y€:ars on a fair monthly rernt and the said lease was extended from time to time, and was valid tilt the end of December , 2024. It is further the case of the petitioner that the petitioner is further entiUed for getting remaining rive (5) years rease i.e., upto, December, 202g as per resolution No.133/2007, dated 24.70.2007, however, the said lease is not breing extended. Though this Court vide its order dated 24,01.202.5 in W.P.No.20t0 of 2ozs, directed the the petitione r for fgspOndents to re-consider the case of five Years dP to of lease for further Period of extension ( J SN,J wp 4144 2025 December' 2029 within a period of two (02) weeks frorn the date the petitioner from the subiect stall' issued Manual Tender Notification of the said order and till 5Lr6h time' the respondents directed not to dispossess the responden*tot.Oo-t'on vide case No cU122(;y2024-RM:NZB up fresh tender in resp-ect of the DOT Stall No'23 of lndira RTC Bus Stand' Banswada' Kamareddy District' Aggrieved by the which is in clear said action of the respondent-corporation' violation of the orders of this Court' dated 24'01'2025 passed in W'P'No'2010 of 2025' the petitioner filed the present writ dated 03'02'2025 calling Petition'
4. Sri R'Anurag' appearing on behalf learned Standing of the resPondents Counsel for TSRTC placed on record the proceedings RM:NZB of No.2 herein
07.01.2025 vide No.LCl78s(70)/2024' the Regional Manager' Nizamabad i.e', resPondent and contends that the order of this Court dated passed in W.P.No.20 tO of 2025 had been duly 24.ot.2025 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 p-4144-:#: arnounts for €onstru had contributed ceftain :^.!^,.-! appropriate reasoned transparency and fairnorders needs to ou ,,onor.,uo'ess' petitioner,s business For a further period of five accepted. had 0"", 0"..::':r::::::: it is just and necessary that auction and the request of the petitioner to run rrve Years' cannot be 5 Ta tnql nto c d r o a) The submissions made by the tearned 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.2OZS vide No.LC,/7a5(7O)/ZOZ4_RIVI:NZB issued in compliance to the orders of this Court dated 24.01.2025 passed in W.p.No.ZOLO ot 2025, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated the resPondent No.2-Regional 07.01.2025 issued bY irlanager, TGSRTC' Nizamabad' ln view of the fact as that the proceedin9s of the respondent on record 5 SN,J wp-{144 2025 No.2 dated |o7'ol'2li25 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.Ot-2[25'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/ AS . A. SRINIVAS REDDY si5rnur REGISTRAR ECTION OFFICER To, 't. The Managing Director,. Telangana State Road Transport Corporation' Bus ' eiiiil""Crdlx--noao, Hvderabad' 2. The Regional Manager, TGSRTC' Nizamabad' Nizamabad District' 3. The Depot Manager, TGSRTC' Banswada Depot' Kamareddy District 4. One CC to SRI MOHD MOIN AHMED QUADRI Advocate TOPUCI 5. One CCtoSRI R.ANURAG, (SC FORTSRTC) IOPUC] 6. Two CD CoPies. BSK KKS HIGH COURT DATED:13 tO2t2O2S ORDER WP.No.4144 of 2O2S CC TODAY HE STA 1 o ( z o '). </ 19 llAR 2025 * t)r 'l;-. .i * .DISPOSING OF THE WRIT PETITION WTHOUT COSTS /o Ir 4 /r // /