tV/s. GVNS Toll Way P\i v. The State of Telangana

Petition Under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondent No.2 in issuing the proceed ings/notice No.270606/APRDC/GM(RDC/DCE-1 /DEE(9/AEE1 3/BOT/MUS l/20 I 1 dated 12- 10-2023 terminating the concession Agreement No. 15/2008-09 dated 10-02-2009 without affording reasonable opportunity to submit explanation to the allegations contained therein as illegal, arbitrary, contrary to the terms and conditions contained in the concession Agreement No- r51200g-09 dared 10-02-2009 and in violation of principles of natural justice and set aside the same. LA.NO:1 OF 2023 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant ' rnterim suspension of the proceed ings/notice No.270606/ ApRDc/ cM(RDCy DCE-1 /DEE('IAEE1 3/Bor rWusl t2o1'r dated 12-10-2023 issued by the respondent No.2pending disposal of the above writ petition. l.A.NO: 20F 2023 Petition Under section r5i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant lnterim direction to the respondent No.2 to alow the petitioner to operate the toll plaza at high-rever bridge across Musi River from Km.6/6 to Km.zt2 of Miryalguda-Kodad Road incruding approaches in rieu of existing causeway in Nalgonda District under Bor Scheme in the interest of justice pending disposar of the above writ petition. Counsel for the petitioner : SRI C.RAGHU, LEARNED SENIOR COUNSEL REPRESENTING Ms. CH.SHRAVANT Counsel for the Respondents : AGp FOR ROADS AND BUILDINGS The Court made the following ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.29134 of 2o23 ORDER: The present Writ Petition is liled under Article 226 of Constitution of India seeking the following relief: "... to issue an appropriote writ, order or direction more particulorly one in the noture of Writ .of Mandomus, or any other appropriate writ, order or direction, declaring the dction of respondent No.z in issuing the proceedingsl notice No.27 o606l APRDqCM(RDC)IDCE-tl DEE(illAEEB|BOT|MUSIl2oll, dated 12.10.2023 terminating the Concession Agreement No.15l2oo8-og doted 10.o2.2oo9 without affording reosonoble opportunity to submit explonotion to the ollegations contoined therein os illegol, orbitrory, contrdry to the terms ond conditions contoined in the Concession Agreement No.15l2oo8-o9 ddted 1o.02)oo9 ond in violotion of principles of noturol justice ond set aside the same and pass.-. "

2. Heard Mr. C.Raghu, learned Senior Counsel representing l\tls. Ch.Shravani, learned counsel for the petitione r and lcarned Assistant Government Pleader for Roads and Buildings appearing for the respondents.

3. Lcarned Senior Counscl for the petitioner submits that the petitioner is questioning the impugned order dated

12.IO.2023 passed by the respondent No.2-Engineer-in-Chief (R&B) 1n proceedings No.27A606 IAPRDC/GM(RDC)/DCtr- 1/ DEE(e) /Atrrl I 3/BOT/MUSI/20 I 1 2

4. Learned Senior Counsel for the petitioner further submits that the petitioner has a valid contract with respondent-authorities for the construction of high-1eve1 bridge across Musi Rivcr from I(m.6/6 to Rrll.7 12 of Miryalguda- Kodad Road, Nalgonda District under BOT scheme vide Agt.No. 15/08-0-/CE(R&B),MD,APRDC dated 10.02.2OO9. Tt:'e said bridge was completed in Februa5r, 2O1O and the same was opened for trafhc and the Concessionaire was permitted to collect To11 fee frorn 19-02.2010 onwards up to 28.02.2024 Before completion o[ the agreement dated 10.02.2009, the respondent authorities have issued impugned termination dated 12.7O.2O23. Aggrieved by the same, the petitioner has filed this writ pctition.

5. Learned Senior Counsel for the petitioner further submits that at the time of admission. this Court has not granted any interim order. Meantime, period was completed. In view of the same, he requested this Court to permit the petitioner to approach the respondents for Conciliation as per Clause 44.2 of the Conciliation of Dispute Resolution between ) 3 the petitioner ald the respondent No.2 in view of the agreement entered into by the petitioner and the respondent No.2. I I

6. Learned Assistant Government Pleader for Roads and Buildings submits that the respondents have no objection, if the petitioner file an application for Conciliation as per Clause 44.2 :under Article 44 of t!l,e Dispute Resolution in view of the agreement entered into by the petitioner and the respondent No.2.

7. In view of the submissions made by the learned counsel on either side, this Writ Petition 1S disposed of, granting liberty to the petitioner to make an application for Conciliation as per Clause 44.2 of the Concession Agreement, dated lO.O2.2OO9 entered into by the petitioner and respondents. After making such application, the respondents shall consider and pass appropriate orders within eight (08) weeks thereafter 4

8. Miscellaleous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/-A.V.S.PRASAD DEPUW REGISTRAR secrroKrcen 1. The Principal Secretary (R & B), Telangana Secretariat, State of Telangana at To Hyderabad.

2. The Engineer-in-Chief, (R and B), S.R 8s CRN and MD, TSRDC,

3. The Managing Director, Telangana State Road, Development Corporation, Errummanzi[, Hyderabad. ErrummTanzil, Hyderabad.

4. The Engineer-in-Chief (R and B), National Highway (N/ORTH), NHs, CRF and Buildings, Errummanzil, Hyderabad.

5. Two CC's to G.P FOR ROADS AND BUILDINGS, High Court for the State of Telangana at Hyderabad. (OUT)

6. One CC to SRI CHENNABOINA SHRAVANI, Advocate [OPUC] 7. Two CD Copies SA GJP HIGH COURT DATED:1010712025 ORDER WP.No.29134 of 2023 DISPOSING OF THE W.P WITHOUT COSTS. oi{ T;ta- S;4 ( L t) 0 I nuo zozs

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