High Court · 2025

AND 'I . The State of Telangana, Rep. by its Principal Secretary for Home, Telangana 2. Superintendent of Police, Nirmal, Nirmal District. 3. lnspector of Police. Nirmal Police Station, Nirmal. 4. Divisional Manager, T.S.R.T.C. Adilabad Region. 5. The Depot lt4anager TSRTC Nirmal Depot, Nirmal. 6 Mr. Somagani Koteswar Rao, S/o Not Known, Depot Manager TSRTC Nirmal DePot' Nirmal ...RESP.NDENTS Petrtion 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of lr,4andamus and the action of the respondents No- 3, 5 and 6 in demolition of the shops allotted to the petitioner herein without issuing any notlce and without following the due process of law is illegal, arbitrary and violative of Articles 14, 16 and 21 of Constltution of lndia and consequently pass orders for judicial enquiry in respect of high handed act of the Sth responden t on 18-02-2017.

1.A. NO: 1 OF 2017(WPMP..NO: 9497 OF 20171 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitbn, the High Court may be pleased to stay proceedings issued vide Show Cause Notice No: 021122(11 7)/20'13-RM:ADB dated: 20-02-20'17 which was received by the petitionet on 24-02-2017 ,y Counsel for the Petitioner: SRI ASADULLA SHAREEF Counsel for the Respondent Nos.1 TO 3: AGP FOR HOME Counsel for the Respondent Nos.4 TO 6: SRI SHANTI BUSHAN RAO, SC FOR TSRTC The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.77Ol ot 2ot7 ORDER: Heard Sri Asadullah Shareef, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos.1 to 3 and Sri Shanti Bushan Rao, learned Standing Counset for TSRTC, appearing on behalf of respondent Nos. 4 to 6.

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 and the action of the respondents Nos.3, 5 and 6 in demolition of the shops allotted to the petitioner herein without issuing any notice and' without following the due process of law is illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and consequently pass orders for judicial enquiry in respect of high handed act of the 5th respondent on 18-02-2017 and to pass...".

3. The case of the petitioner in brief is that the petitioner was allotted the shops in Nirmal Bus Stand for running the business 2 SN, J wP 1't0t 2017 of (1) Seeds Shop, (2) Sweet Shop, (3) Fruit and Fruit Juice and (4) Flowers and Loose Pan vide Deed of License dated t2.01.20L5 operative for a period of five years commencing from

07.01.2016 and ending with 06.01.2021 and further from

06.08.2016 and ending with 05.08.2021 respectively by fixing license fee of Rs.9,999/- per month. On 18.02.2017 at about

10.00 a.m., 5th respondent, along with other employees and unsocial elements attacked on the petitioner with a mala fide intention to remove the petitioner from the business illegally. Thereafter thr: 4th respondent had issued a show cause notice for termination of the contract and forfeiture oF security deposit was issued vide proceedings No.021122/(t17)/2013-RM:ADB, dated

20.02.2017 and explanation sought for from the petitioner without considering the explanation furnished by the pel,itioner in response to the show-cause notice dated 20.02.2017 issued to the petitioner, vide proceedings dated lO.O3.2Ot7 of the Regional Manager, Adilabad, the subject contracts of the petitioner had been terminated. Aggrieved by the said action of the respondents, the present writ petition is filed.

4. Learned standing counsel appearing on behalf of respondents placing reliance on the averments made in the I I J SN, J wP 7701 xl1 counter filed on behalf of respondents in particular para Nos' 5 to Scontendsthatthepresentwritpetitionisnotmaintainable since respondent authorities being not convinced with the explanation furnished by the petitioner in pursuance to the show cause notice issued to the petitioner dated 2O'O2'2O|7 vide the Regional Manager' Adilabad olfice order of No.O2/t22(lL7)/2013-RM:ADB, had passed orders of termination terminating the subject contracts vide proceedings No.O2/122(54)/201S-RM:ADB, dated 10'03'2017 and therefore' the present petition is misconceived and the petitioner has a remedy for dispute resolution as per the agreement entered into between the petitioner and the respondents' P RUSEDT ERECORD 5 The counter affi filed on behalf of o a rtic Iar ara Nos a e ra d er: "5. It is submitted that the depot Manager, Nirmal through the notice No.O1/122(21)/13-NRML, dated 06'o2'2ot7 issued a notice to the petitioner informing that they had encroached lO' X 26'i.e. more than the allotted space and advised him to vacate the unauthorized occupied space 4 SN, J wP 7701 20t7 immediately otherwise, action will be taken as per the terms and conditions of the agreement.

6. It is :;ubmitted that in spite of the issuing notice to the petitioner, he did not vacate the encroachment anc, the Depot Manager on 18.02.2017 took action to remove the illegally occupied space and while removing the petitioner and some others came and created nuisance in the presence of the Police, Nirmal. The petitioner used un-parliamentary words and hit with fist on the left check and caused internal injuries tc, the Depot Manager, Nirmal, where his spectacles were also broken. A case was registered against the petitioner punishable under Section 447, 353,332 & 506 (ii) r/w 34 under Crime No.572017, dated tB.O2.2Ot7 in Nirmat Town Police Station.

7. It is further submitted that creating nuisance in the Bus station and assaulting the Depot Manager in the presence of Police amount to violation of the Clause-20 (vi) of the agreement., which stipulates that .in case of misbehaviour/assa u lt committed by the licensee, his/her representatives against the employees of the Corporation,,, for which, the license is liable for termination. As sucr-r, a show cause notice for termination of contract and forfeiture of security deposit was issued vide procd. dated 20.O2.2O77 and sought for explanation within (7) days.

8. It is submitted that not convinced with the explanation given by the petitioner and as per the material evidence available on.record, the Regional Manager, Aciilabad vide office order No.02/122(54)/2015-RM-ADB, dared 10.03.21117 5 SN, J wP 7701 2017 terminated the contracts referred in show cause notice i.e. the flowers and loose pan in open space 6'X 10. OBS at Nirmal bus station for the period from 07.01.2016 to 06.01.2021, besides forfeiture of security deposit for having breached the Clause-20 (vi) of the agreement. As such, the writ petitibn is misconceived, filed suppressing the facts with malafide intention to obtain ex parte order in his favour. Since, the issue pertains to contractual obligations, remedy lies elsewhere - the writ petition is liable to be dismissed,,. t I

6. Taking into considerataon the specific averments made in the counter affidavit filed on behalf of respondent Nos.S to 8 (referred to and extracted above), and further taking into consideration the contents of the show cause notice vide No.Oz/ L22(LL7) /2OL3-RM:ADB, dated 2O.O2.2O17 issued to the petitioner by the 4th respondent, the writ'petition is disposed of giving liberty to the petationer to pursue the remedies as are available to the petitioner as per the agreement entered into between the petitioner and the respondents pertaining to the dispute resolution terms. There shall be no order as to costs. 6 SN, J wt, 770t 20 17 Miscellanr:ous petitions, if any, pending in this Writ Petition, shall stand closed, /ITRUE COPY// SD/- P. PAD MANABHA REDDY STRAR ASS FFICER To 1 The Principal S;ecretary for Home' Telangana Secretariat' Hyderabad' State

2. J. 4. 5. 6 7 B I PSK G.IP ffiffi ffi=#,ff;u"}*tr:HFr'*:i:i" HIGH COURT DATED:0610112025 ORDER WP.No.7701 of 2017 I I --.= t({'^t Sf q o 25 r Bt W5 o .b t * .-csr,/,.Tc\ rg') DISPOSING OF THE WRIT PETITION WITHOUT COSTS \q\o ,\r{ b2>