High Court · 2025

Petition Under Article 226 of the Constitution of India 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 ltrlandamus declaring the action of the 3rd respondent terminating the license of the petitioner vide his proceedings No.P41122l(132)12022-.RR, dt.20-6- 2024 is highly unwarranted , unjust , arbitrary , violative of pririciple of Natrual justice illegal, and unsustatnable and violative of Articles 14,and 21 of the constituting of lndia. |.A.NO:1 OF 2024 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 "-5?.:---+::!-F suspend the operation of the proceedingd N o.P4l1221(132)1 022-RR, dated. 20-ti- 2024 issued b1' the 3rd respondent relating to termination cf the license of the petitioner in respect rrf stall No.11 in Ir,/G. eS. Hyderabad. pending disposal of the above writ petit'on. I.A.NO:2 OF 2024 Between:

1. Telangana State Road Transporl corporation, Rep. by its, Managing Director, Bus Bhavan, lvlusheerabad, Hyderabad.

2. The Regional lt,4anager, Telangana Road Transport Corporation, Rangareddy Region, I\/.G.B.S Hyderabad.

3. The Dy. Regional lt4anager, Telangana Road Transport Corporation, Rangareddy R,:gion, N/.G.B.S Hyderabad. ....PETITIONERS/RESPONDENTS AND Smt. T. Jayalakshm,. W/o. Gopala Krishna, 45 years, Licence holder of Tea and snacks i.e. Stall No.1 .l , in tVGBS, Hyderabad. .....RESPONDENT/PETITIONER Petition l-Jnder Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to vacate the inte'im suspension order passed .on 21 .06.2024 and dismiss the writ petition. Counsel for the Petiitioner : SRI C.RAMACHANDRA RAJU Counsel for the Respondents : SRI R.ANURAG (SC FOR TSRTC) The Court made the following ORDER HON'BLE MRS JUSTICE S!JI!EPALLI NANDA WRIT PETITION N o.15817 0F 2024 ORDER: Heard Sri C.Ramachandra Raju, learned counsel appearing on behalf of the petitioner and Sri R.Anurag, learned standing counset appearing on behalf of the respond ents.

2. The petitioner approached the Court seeking prayer as under: *......to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'd respondent terminating the license of the petitioner vide his proceedings No. P4/ 722/ 732/2022-RR, dt 20-6-2024 is hlghly unwarranted, unjust, arbitrary violative of principle of Natural justice illegal and unsustainable and violative of Articles 14 and 21 of the constituting of India and pass. .."

3. It is specific case of the petitioner that the petitioner was granted license by ihe respondent No. 1 for running Tea and Snacks stall, vide stall No.1i in MG Bus Station, Hyderabad for a period of 5 years, from 77.01.2023 to 16.01.2028 on payment of monthly license l'ee of Rs. 1,30,108/-. While l things stood thus, the respondent No.3 herein had issued show causr: notice dated 17.05.2023 proposing to terminate the license of the petitioner,s stall on the qround that, an altercation took place on L4.05.2024, between the workers of the petitioner's stall and three other passengers, which resulted in physical assault to the customers, In response to the said show cause notice, the petitioner submitted an explanation letter dated 27.05.2024 to the .3.d respondent stating that, the petitioner will make suTe that such abovementioned incidents will not place in the fuiure and that the custom,:rs had withdrawn the complaint filed against the petitioner. llowever, the respondent No.3 without considering the petitioner's explanation, issued pror:eedings No. P4/122/(13.1)/2022-RR, dated 20.06.2024 terminating the license of the petitioner's stall No.11. Aggrieved by the said procee,lings, dated 20.06.2024 of the 3.d respondent, the presenr Wr11. Petition is filed.

4. This Court vide its order dated 21-06.2024 in I.A.No.1 ol 2024 passed interim orders in favour of the petitioner observing as under:- J S\] A bare perusal of the order impugned No.P4/122(1,32)12022-RR, dated 20.06.2024 passed by the Deputy Regional Manager, Telangana Road Transport Corporation, Ranga Reddy Region, MGBS, Hyderabad i.e., the 3'd respondent clearly indicates that the explanation dated 27.05.2024 of the petitioner, which had been furnished by the petitioner in response to the show cause notice for termination of licence, dated 17.05.2024 issued to petitioner had not been considered at all by the 3'd respondent and neither there is any reference with regard to the said explanation dated 27.05.2024 of the petitioner in the order impugned dated 20.06.2024 passed by the Deputy Regional Manager, Ranga Reddy Region nor any discussion with regard to the contentions/pleas put-forth by the petitioner in the said explanation, dated 28.05.2024. This Court opines that the order impugned had been passed mechanically in a routine manner without assigning any reasons and in clear violation of principles of natural justice. Hence, the impugned proceedings vide No.P4l122(132)/2022-RR dated 2O.O6.2O24 issued bv the o the terrnination of the t resDO license of tlre petitioner in res pect of stall No.11 at MGBS, which had been granted to the petitioner to run the license of "Tea and Snacks" in the Stall No.11 at MGBS, for a period of five (05) years from 17.0L.2023 to 16.01.2028 vide allotment ndent No.3 relatin o I 4 order dated 77.12.2022 stands suspended for a period of one (01) r,veek i.e., till 28.06.2024. PERU s ED THE RECORD:-

5. Learned standing counsel placing reliance on the averments made in the counter affidavit filed on behatf of the respondent-corporation, in particrrlar para No.5 contended that the present Writ Petition needs to be dismissecl since the subject issue pertains to contractrral obligations entered into by the petitioner with the respondent-corporation and the petitaoner had resorted to unethical activities and indulged in moral turpitude and hence, is liable for termination of license as per the Clause 28(a)(vi) of the agreement, which is extractecl hereunder:-

28. TERMINATION OF LICENCE: a. The corporation shall have the right to terminate the Licelse and to forfeit the Security Deposit, invoke Bank Guarantee and to adjust the amount towards due dn]rlunls payable to the Corporation arrd the license is Iiable for termination 1 month advance notice on the following g rou nds : i I I i i I I I I I I I t I I I i i i ! I I i ! a a 5 vi. If the license is found doing or resorting to any unethical activities or indulging in moral turpitude. SN. J

6. Learned counsel appearing on behalf of the petitioner on the other hand submits that the petitioner did not resort to any unethical activities or indulged in moral turpitude and that in fact the complaint which had been the basis for issuing the impugned proceedings, dated 20.06,2024 by the 3'd respondent against the petitioner had itself been withdrawn and the petitioner had discharged his duties diligently all through period of contract and the petitioner's explanation dated 27.O5.2O24 and L5.O6.2O24 submatted by the petitioner in pursuance to the impugned proceedings No.P4/L22(L32)/2O22-RR., dated 2O.O6.2O24 issued to the petitioner had not been considered at all by the 3'd respondent prior to issuing the impugned proceedings dated 2O.O6.2O2{. -and hence, the Writ Petition has to be allowed as prayed for in the interest of justice, as observed in the interim order of this Court passed in I.A.No. O1 of 2024, dated 2L.06.2024. 6

7. A bare perusal of the impugned proceedings No.P 4 / L2.2(1,,32) / 2O22-RR, dated 20.06.2A2.4 passed by the Deputy Regaonal Manger (O), Ranga Reddy Region, MGBS, Hyderabad/3'd respondent as borne on record clearly indicates that the explanation of the petitioner, dated 2',r.O5.2O24 and L5.O6.2O24 had not been considered at all and the order impugned dated 2(J.06.2024 passed by the 3'd respondent does not indicate any reference to the said explanation nor any discussion indicating the consideration of petitioner's explanation dated 27.O5.2O24 and 15.06.2024 submittecl by the petitioner in response and in pursuancLl to the show-cause notice issued for termination of license, dated L7,O5.2024 to the petitio n er.

8. Takinq into consideration:- i) The submissions made by the learned.counsel appearing on behalf of the petitioner and the learned standing counsel appearing on behalf of the respondents '7 SN. ' ii) The averments made in the counter affidavit filed on behalf of the respondent-corporation. iii) The contents of the impugned proceedings, dated 20.06.2024 issued by the Deputy Regional Manger (O), Ranga Reddy Region, MGBS, Hyderabad/3'd respondent, which admittedly had been issued to the petitioner without considering the explanation furnished by the petitioner vide letters dated 27.O5.2O24 and 15.O6.2024 to the 3'd respondent herein, in response to and in pursuance to the show- cause notice issued by the 3'd respondent for termination of license dated 17.05.2024 of the petitioner. The Writ Petition is allowed, the impugned proceedings No.P4/L22(L32)/2O22'R,R, dated

20.06.2024 issued by the Deputy Regional Manger (O), Ranga Reddy Region, MGBS, Hyderabad/3'd respondent relating to termination of license of the petitioner in respect of Stall No.11 at MGBS, Hyderabad is set-aside. It is however observed that in the event the \ I I I i I I I i g i ..41,' respondent-corporation intends to proceed against the petitioner, it is at liberty to initiate appropriate action in accordance to law in conformity with principtes of natural justice, duly considering the petitioner,s explanation dated 21 ,O5.2O24 and LS.06.2024 submitted by the petitioner in response to and in pursuance to show_cause notice, dated 17.O5.2024 issued by the 3.d respondent to the petitioner for termination of license of the petitioner and pass appropriate orders in accordance to law, However, there shall be no order as to costs. M iscella neous petitions, if any, pending in this Writ Petition, shall stand closed. AS SD/.N. SRIHARI AR ,TRUE COPY// SECTION OFFIC ER itl-:=:''I The Managing U,irector, Telanaga State Road Transport Corporation, Bus Bhavan. I\,4ushe,,rabad . Hyderabad. The Regional I\,4.rnager, Telangana Road Transport Corporation, Rangareddy Region, N/ G B S Hyderabad. The Dy Rergion;,I A,4anager, Te.langana Road Transport Oorporation, Rangaredoy Re ron, M.G.B.S Hyd-erabad. One CC to SRt C RAIVACHANDRA RAJU, Advocate [OPL,C] one CC to SRI FTANURAG (sC ron rsnrcy-n;;;;:i" topucl Two CD Copies r To 3 4 6 SA GJP HIGH COURT DATED:2710112025 ORDER WP.No.15817 ot 2024 ALLOWING THE W.P WITHOUT COSTS. g /t t .,2; 1i k,,.. t) O 4 APB 2U}5 z-t o t F.sIt) nTC,\ t (