Disposed

Md Tajuddin v. The State of Telangana

Telangana HC2 Sept 2020WP/14341/2020

Case brief

AI extract

What is this about?

The High Court of Telangana granted interim relief in a writ petition by directing the Regional Manager to consider the petitioner's application for waiver of license fees for the lockdown period (March-July 2020) before dismissing the petition as premature.

What did the court decide?

Petitioner directed to approach Respondent No. 3 with a representation for waiver of license fees for March-July 2020; coercive action stayed pending consideration.

Md Tajuddin Vs The State of Telangana — Service and Employment | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION NO: 14341 OF 2020

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Between:

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lVd. Tajuddin, S/o. lVd. Ghousoddin, Aged about 35 years, Occ: Business, Rio. H. No 4-3-37, Gundla Gadda Jangaon District, Telangana State - 5061 67

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...PETITIONER

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AND

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1 The State of Telangana, rep. by its Principal Secretary, Transport, Roads and Buildings Department, Secretariat, Hyderabad

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2 Telangana State Road Transport Corporation, Having its head office at I,4usheerabad, Hyderabad 500020, Rep. by its Regional Manager, Warangal Regron.

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3 Regional l,4anager, Warangal Region Telangana State Road Transport Corporation Warangal 506002.

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4 Depot l,4anager, Telangana State Road Transport Corporation, Jangaon 506167

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...RESPONDENTS

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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 an appropriate writ, order or direction more particularly one in the nature of Writ of lt4andamus, directrng the respondents to forthwith revoke the show-cause notice issued for payment of dues during the lockdown period and to waive-off the amounts to be paid for March 2020 to July 2020 in pursuance of the [Vlinistry of Home Affair g u id elines.

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lA NO: 1 OF 2020

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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 direct the respondents to not to insist for payment of license fee from the^petitloner for the period from Ir/arch 2020 to July 2020, pending disposal of the Writ Petition. Counsel for the Petitioner: SRl. UMESH CHANDRA P V G

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Counsel for the Respondent No.1 : GP FOR TRANSPORT

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Counsel for the Respondent Nos.2 to 4: SRl. B. MAYUR REDDY, SC FOR TSRTC The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION No.14341 OF 2020

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ORAL ORDER:

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This Writ Petition is trled seeking a direction to the respondents' Corporation to revoke the show-cause notice issued for payrrent^o1- dues during the lockdown the period and to waive ofT the amounts to be paid lbr the rnonths ol'March, 2020 to July, 2020.

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Mr. Umesh Chandra P.V.G., learned counsel lbr the petitioner. .,vould subrnit that the petitioner has participated in the tenders issued bv the respondents' Corporation and stood as successl'Lrl bidder in respect of Stall No.03 (Pucca) at Jangaon Bus Station for running a Soda and Cool Drink business. Accordingly, a deed ollicense was entered into benveen him and the respondents' Corporation on 13.02.2017. The agreement period is lor five (05) years commencing flom 15.02.2017 to 14.02.2022, and the license f'ee is Rs.24,099/- per month.

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IJe rvould funher sLrbmit that due to lockdown restlictions imposed b1, both the Central and State Governments due to COVID- 19 pandemic sitr,ration, the petitioner cor.rld not run his business and, therefbre, he couid not pay the license tbe to the respondents' Corporation t}om N'larch.2020 l-he Divisional Manager ol'respondents' Corporation has issuccl r showcause notice dated 1 5.07.2020 by invoking Clause 20 (a) ol' the agrecr.nent and directed the petitioner to pay the license t'ee lbr the period fi'otr Janr-rary. 2020 to.lune, 2020 within a period of one week. It is also rnentioned in the

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ll l' \a ll.tll i:t):A

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sho\.cause notice that in the event of failure on the paft of petitioner to pa1' license lee ar.nollnt, tlie license would be tenninated.

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l'he leamed counsel for the petitioner.,vould also submit that the petitioner did not pay the license fee as he could not run the business due to COVID- I 9 pandernic situation.

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On the other hand, Mr. B. Mayur Reddy, leamed Standing Counsel for the respondents' Corporation would submit that the lockdown was imposed in the entire State of Telangana from 22.03.2020 to 17.05.2020, whereas. tlre petitioner is seeking waiver off license fee for the period from March. 2020 to Jull', 2020. He would funher subrnit that the petitioner has not even paicl the Iicense f'ee tbr the month ol Aueust, 2020. According to him, the petitioner also did not pay the license f'ee lor the months of January, 2020 and Fcbruary, 2020. Horvever, he u,ould subrnit that the petitioner has to approach respondent No.3 for u,aiver off license fee and the respondents' Corporation has issued only a show-cause notice. The petitioner instead of submitting a reply / representation to the said show-cause notice, approached this Court by way of present writ petition and, therefore, the present writ petition is premature. He would further submit that as per Clause - 43 of the Deed of License, the petitioner has to pay license fee in all circumstances including the present situation of COVID-19 pandernic, and it is an absolute term of contract. Thus, he sought to dismiss the writ petition.

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It is not in dispute that the pelitioner and the respondents' Corporation entered into a Deed of License dated 11.02.2017 in respcct ol Stall No.3^(Pucca) at Jangaon Bus Station fbr running a Soda and Cool

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t: t. .t tlt.P ,\o !1311 of 2l))t)

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Drink business. The agreement period is for a period of five^{(05) yeas} commencing from 15.02.2017 to 14.02.2022, and agreed licer.lse f'ee^is Rs.24,099/- per month. The allegation against the petitioner is that^l.re is^a defaulter in payment of license fee from January till date and, therefbre, the respondents' Corpolation has issued show-cause notice dated 15.07.2020 invoking Clause 20 (a) of the Deed of License. The petitioner *as asked to pa.v the said license fee 1br the period tiom January, 2020 to Jtrne,2020. Lockdown was irnposed in the entire State of Telangana w.e.f.22.03.2020 According to Mr. B. Mayur Reddy, learned Standing Counse[, the lockdorvn rvas ended on 17.05.2020 itself. Even then, the petitioner is seeking rvaiver off license fee for the months of June and July, 2020 which is not pennissible.

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According to the petitioner, he has not conducted business in the subject stall due to COVID-19 pandemic situation from March,2020 to^july, 2020. Whereas, according to the respondents' Corporation, the lockdou'n was inrposed from22.03.2020to 17.05.2020. As per Clause 43 ol'the Deed of License dated 13.02.2017 "in case business is not carried out bv the licensee due to riots / agitations / bundhs / flre / t'loods / natural calarnities / strike / either by internal or external f'actor of tbr any other reasons, lor a pafticular period, or periods, the Licensee shall har,'e not right to claim anl remission on license fee payrnent or compensation ot' reimbursernent loss etc."

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Mr. B. Mayur Reddy, learned Standing Counsel, would sr-rbmit that it is an absolute term ofcontract and it fell for consideration lbr the period ot'

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W P la 1131!012020

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'SAKAI-A .IANUI-A SAMME'. But, the present situation is different. The State and the Central Governments have imposed lockdown restrictions in the entire State ol Telangana which includes closure ol all the cornmercial establisl-rrnents. The respondents' Corporation is under obligation not to run its buses. In sorne States including Kamataka State granted some waiver beneflts to the licensees, like the petitioner. The learned Standing Counsel would further submit that the petitioner has to approach respondent No.3 raising all the contentions which are raised in the present writ petition. In view of the said submission, without expressing any opinion on merits including the validity of Clause 43 of the Deed of License dated 13.02.2017. this Court is of the view that the petitioner should approach respondent No.3 seeking the relief sought lor in the present rvrit petition.

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In vierv olthe aforesaid discussion and the lacts ar-rd circumstances of the casc. libertS is grantcd to the petitioner to approach lespondent No.3 - Regional Manager, Warangal Region, TSRTC, Warangal, and suburit a representation seeking waiver off license lee lor the period lrorn March, 2020 to .luly, 2020 by raising all the grounds including the grounds raised in this rvrit petition, COVID-19 Pandernic situation r.vithin one (01) week lronr the date ofreceipt ofa copy of this order. Thereupon, respondent No.3 shall consider the said representation with specific reference to the lockdown restrictions imposed by both Central and State Govemments, benefits sranted bv other States and State of Telansana to the sirrilarlv situated persons and pass appropriate orders within a period of two (02) iveeks thereafter. l'ill the said exercise is completed, the respondents' Corporation shall not take any coercive steps including termination ol deed of^license

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KI,.J 5 ll P No.l13 ol2010

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dated 13.02.2017. Horvever, it is made clear that the petitioner shall pay iicense fee for the months ol January, 2020, February, 2020 and fionr August, 2020 onwards regularly.

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With the above observation, the present Writ petition is disposed

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o1. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in the main wr.it petition shall stand closed.

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SDi- N.CHANDRA SEKHAR RAO

ASSISTANT REGISTRAR

//TRUE COPY//

{

SECTION OFFICER

To,

I The Principal Secretary Transport, Roads and Buildings Department, State of Telangana, Secretariat, Hyderabad

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2 The Regional Manager, Warangal Region, Telangana State Road Transporl Corporation, Having its head office at [,4usheerabad, Hyderabad 500020.

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3 The Depot Manager, Telangana State Road Transport Corporation Jangaon 506167.

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4 One CC to Sri Umesh Chandra P V G Advocate [OPUC]

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5 Two CCs to the GP for Transport, High Court for the State of Telangana at Hyderabad. (OUT)

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6 One CC to Sri. B. lVayur Reddy, SC FOR TSRTC IOPUC] 7 Two CD Copies

HIGH COURT

DATED:0210912020

t\E S I4 r{:
oL) 0 7 sEP 2U0 6'
J,
st,i-l C

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ORDER

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W.P.No.14341^{ot 2020}

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DISPOSING^{OF THE WRIT PETITION} WITHOUT^COSTS

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^1J/'

Md Tajuddin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Md Tajuddin v. The State of Telangana

Case brief

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What did the court decide?

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