High Court · 2025
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Petition undr:r section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, tle High court may be preased to EUspend tfr" imprL/g6s6 Manual render Notification yide case No,c11 122(8)t2024=RM:NZIB dated.o3.o2.2Q25 ispued by the lnd respondent !o ex1qp1 gf petitioner's case is concerned, by directing the respondents tg extgnd the liQense to thQ petitiOner"for remaining period of five (S) years frgm 01 .01 .2Q?5 onwards in respeQl of DOT gtail No..lB of lndirp RTC BuS 6tand, Banswada, Kqmareddy District, which was constructed under DOT (eeposit, Ope-rflte and Trlansfi0 schgme, in the year, 2007, pendiqg disposal of the writ petitron-' 9oqns91 for lhe petitionel: SRt MeHD MO|N AHMED eUADRt Goqnsgl for the Respondents: SRt R.ANUBAG, SC FeR TSRTC The Cqsrt m?de the foilowing: ORDER .\ HON,BLE MRS JUSTICE SUREPALLI NANDA I P 1 7 F 202 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 e n r r c e h o s 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 Notificatlon vide dated 03'o2'2025 Case No.C11122(8)i2024-RM:NZB issued by the 2nd respondent calling up fresh tender in respect of DOT Stall No'18 of lndira RTC Bus Stand' Banswada, Kamareddy District' which was constructed under DOT (Deposit' Operate and Transfer) scheme' in the year, 2007, without reconsiderinq the request of the petitioner for extension of lease' and contrary to directionsissuedbythisHon'bleCourtinWP No.77B2l2O75 dated:24' OL'2025' is highlv illegal' arbitrary, unjust, unconstitutional' and in violation of principles of natural iustice' 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 stalr :^,r *^ and to pass such other order or orders as this ,oril': proper in the circumr,u"^T !o'* 'u, deems; fit and rces of the case. ,, *p-419?-j#t' at road margir rernove the road '-'n the Governrnunt oto constructed build
3. The case r j:: ::: ]l;-'[ff:::;:T'is the year, ,orr, ,0"'n"ss expansion o' rou,o allot shops in the for a period o,. ,nu*'' agreed' After com petitioner *ur r.un,''"'ion a rair rnonthl, ."n, . time, and was valid the case or *re petitictill getting remaininll ,,r.''u'that as per resorution *o., of construction uo the lease for a peric rnd the said lease ru. uo the end of Decernber nty Qo)'"utt' t" Years lease the petitioner ' " ' 'o''n' Pe'[i"ner is '[ha'[ '[he Bus stand' Banswada of RTc Bus stand' In n vendors a nd for the the petitioner under Dol- Scheme which the petitioner shops' initially' the of five (5) years on tended from time to -' 2024' It is further "tt":'J."u.,uJ:":r::; ;:;",; ;:,;l:Iil ffi;:'!^":n'*""'n" w'P'No'1782 of 20 ,il:,:1 :: ve years up to respondents to re-cor extension or reas: -l''flr::"r;"." vide its order ":',: '':--r:*- ..'-'_-:- \ ' *P-419?-;*l December, 2029 within a period of two (02) weeks from the date of the said order and till such time' the respondenb were directed not to dispossess the petitioner from the subject stall' issued Manual Tender Notification the respondent-corporation dated 03'02'2025 calling vide Case No'CU122(8)/2024-RM:NZB up fresh tender in respect of the DOT Stall No'18 of Indira 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.1782 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 'O1'2025 vide No'LC/785(70)/2024- RM:NZB of the Regional Manager' Nizamabad i'e'' respondent No.2 herein and contends that the order of this Court dated 24-0t.2025 passed in W'P'No'17 82 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 -2025 had contributed certain amounts for Construction of shops and wp-4197 t: 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, ,:annot be accepted.
5. Takinq i nto consider tion: 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.o1..2025 vide No.LCl785(70)/2o24_P(tvt:NZB issued in compliance to the orders of this Court dated 24.01.2025 passed in W.p.No.L7B2 of 2025, The writ petition is disposed of giving liberty to the petitioner to challenge the said proceedings dated 07.O1.2(J25 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 EF."t / 5 SN.J w_4197 2025 No.2 datbd 07'Ot'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.Oir.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, To, /ffRUE COPY/' SD'.T. JAYASREE ASS T NT REGISTRAR S cTloN oFFlcER :tor. Telangana State Road Transport corporation' Bus t $"",Yi,.fi ?'8-n*?dt%'i *,L;ao;o Nizamabad' Nizamabad District' 2. TheRegional tu'"nugl'' 'O'*'"' 9. The Depot M"n"g"; rcsRTC' Bansada Depot' Kamareddy Dlslrict' 4. One CC to SRI MOHD MOIN AHMED QUADRI' Advecate toPUQl 6. Qne CC to SRI R ANURAG' SC FoR TSRTC IOPUCI B. Two CP C-opies BSR (T BS HIGH COURT DATED: 13t02t2025 CC TODAY ORDER WP.No.a197 oI 2025 1Ue Sia 14: ( 3 19 fiAri 2025 )/ 7_ f, * D.;,, -,- a!-! s--a.----._- j t' + DISPOSING OF THE WRIT PETITION, WITHOUT COSTS coq(ez\ a f*-ffir