Disposed

Sri. K.B.v.Narayana v. Telangana State Road Transport Corporation

Telangana HC2 Sept 2024WP/9608/2023

Case brief

AI extract

What is this about?

Writ petition challenging termination of a scooter parking license contract. Court disposed of the petition by directing Respondents to reconsider termination proceedings within eight weeks considering all grievances and providing an opportunity of personal hearing to the petitioner.

What did the court decide?

Directed respondents to reconsider termination proceedings within eight weeks considering grievances and providing personal hearing opportunity; interim order remains in force.

Sri. K.B.v.Narayana Vs Telangana State… — Pension and Retirement Benefits | Telangana HC (2024)

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

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MONDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO:9608 OF 2023

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Between:

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pq K-.8,){.Na1ayana, S/o. K.Appa Rao, aged about 44 years, Contractor, R/o. H.No.8-4lA, JP Colony, Patancheruv, Sanga Reddy, Telangaha.

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...PETITIONER

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AND

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Telangana State Road Transport Corporation, Represented by its Divisional Manager, Sdnathnagar Division, Having its head office at Mushirabad, Hyderabad, Telangana.

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The Regional Manager, Secunderabad Region, Telangana State Road Transport Corporation, having its head offide at JBS, Picket, Secunderabad, Telangana

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The Depot Manager, HCU Depot Telangana State Road Transport Corporation, HCU, Hyderabad

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...RESPONDENTS

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Petition 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 a Writ one more particularly in nature of Writ of Mandamus declaring the action of Respondents in terminating the Deed of License dated 01.07.2021 executed between the Petitinner and the Respondents for Stall No. p- fu2 (Pucca) admeasuring size of 5385 sft for doing scooter parking business at Patancheru Bus Station of HCU Depot vide Termination of Agreement Contract bearing No. E41122(3)PTC-PA2(2O19-SR dated 29.03.2023 as iilegat, arbitrary, colorable exercise of power, against the principles of natural justice and in violation of the rights available to the Petitioner under Article 19 (1 ) (g) of Constitution of lndia, set aside the said Termination of Agreement Contract bearing No. E41122(3)PTC-PA2I2O19-SR dated 29.03.2023 and consequenfly direct the Respondents to permit the Petitioner to run his business in the said stall till the reminder of his contract period

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lA NO: 3 OF 2023

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Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filed in suppo( of the^{petition,the High court may be pleased pleased} to direct the office of the Respondents^{to receive 30 percentageof the due amount} in pursuance of the lnterim order^{dated 1olo4l2o23 passedby this Honourable} court in the instant writ Petition^{andpermitthe Petitioner to operate under Deed} of Agreement dated O1lO7 t2O21^{executed between the Petitioner and the} Respondents for^"stall No. P-fu2^{(pucca) admeasuring size of 5385 sft for doing} scooter parking business at Patancheru^{Bus Station of HCU Depot}

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lA NO: 2 OF 2023

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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 pleasedto} suspend the Termination of Agreement^{Contract bearing No. E4l122(3)PTC-} PA2l20'19-SR dated 29.03.2023 issued by the^{Respondent No. 2}

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IA NO: 4 OF 2023

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Petition under Section 15'l CPC^praying that^{in the circumstances stated in} the affidavit filed in support of the^petition, the High^{Court may be pleased pleased} to vacate the interim order dt. 10.04.m23 in WP^{No-9608 of 2023}

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lA NO: 1 OF 2023

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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^permit the Petitioner to run his business^{in Stall No. P-A/2} (Pucca) admeasuring size of 5385 sft at Patancheru Bus Station of HCU Depot^for the reminder of his license^period under the Deed of^{LicenseclatedO1 .07.2O21} executed between the Petitioner and the Respondents

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Counsel for the Petitioner : SRl. RUSHEEK REDDY K^V

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Counsel for the Respondents: A SRINIVAS REODY^(SC FOR TSRTC)

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITIO N No.96O8 of 2o23

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ORDER:

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Heard Sri K. V. Rusheek Reddy, learned counse! appearing on behalf of the petitioner and Sri A. Srinivas Reddy, learned Standing Counsel for TSRTC, appearing on behalf of respondent Nos.1 to 3.

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The petitioner approached the Court seekang

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prayer as under:

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",..fo,ssue a Writ one more particularly in nature of Writ of Mandamus declaring the action of Respondents in terminating the Deed of License dated O1.O7.2021 executed between the petitioner and the Respondents for "Stall No.P-A/2 (Pucca) admeasuring size of 5385 sq.ft for doing scooter parking business at patancheru Bus Station of HCU Depot" vide Termination of Agreement Contract bearing Nb.E4/122(3)pTC-pA2/2019-SR dated 29.O3.2023 as illegal, arbitrary, co[orable exercise of power, against the principles of natura! justice and in violation of the rights available to the petitioner under Articte 19 ( t ) (g ) of Constitution of India, set aside the said Termination of Agreement Contract bearing No.E4/ 122(3 )pTC-pAZ/20195R dated 29.O3.2023 and consequently direct the Respondents to permit the petitioner to run his business in the said stall till the re minder of his contract period and pass such other order or orders as this Hon,bte Court

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deems fit and proper in the facts and circumstances of the case. "

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The case of the petitioner in brief, is that. the petitioner participated in the tender notification dated 31.12.2019 issued by the Telengana State Road Transport Corporation inviting all the interested contractors for appointment of licenses for stalls for doinr; Scooter parking Business at patan(:heru Bus Station of HCL| Bus Depot. The respondent No.l-Corporation accepted the offer made by the petitioner and the 2nd respondent issued an allotment letter dated 3:._.72.2o2o bearing No.E4,/122(3)?TC-?A2/2OI9-SR to the petit,ioner. As per the said allotment letter dated 31.12.2020, the petitioner herein has ro pay a license fee of Rs.66,800.99 ps (Rupees Sixty Six Thousand, Eight Hundred and Ninety Nine paise) per month for a period of two years. Subsequenuy, the respondent No.3 herein had issued a letter dated 10.03.2021 bearing No.01,/22(P-A)/2021-BHEL to the petitioner herein advising to take over the stall bearing No.P-Al2(pucca) admeasuring 5385 square feet for doing scooter parking business at Patancheru Bus Station at HCU Depot. There:after, the petitioner and respondent No.1-Corporation had entered and executed a Licerrse Deed

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dated 01.07.2O2L for a period of four years i.e from 04.04.202t to 03.04.2025. Subsequently, due to Covid-19 Pandemic, there was no footfall in the bus stand leading to no business to the petitioner. The same was brought to the notice of the respondents on several occasions, requesting them to exempt levying of any fee during the Lockdown period. However, the respondents failed to consider the representations made by the petitioner. Subsequently, the 2nd respondent issued Termination Notice bearing No.E4l122[3)PTC-PA2/2O19-SR dared 29.03.2023. Aggrieved by the action of the respondents in terminating the contract, the present writ petition is filed. A copy of the said Agreement was only provided to the petitioner on 03.04.2023 after arbitrary termination of the contract dated 31.12.2020.

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PERU ED THE RECORD.

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4- It is the specific case of the petitioner that the petitioner had started scooter parking in Patancheru Bus-Stand in the month of March, 2021 and after one month of starting, the said P-A/2 (Scooter Parking), subsequently, the petitioner's business got affected due to Second wave of Covid-19 (Pandemic) and during the 50 days of lockdown

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g"'"

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period. not even 3Oo/o of the RTC Buses haci been in operation. After the lockdown had been Iifted, the petitioner again started his business and therefor e, vide representation dated 28.02,2023, the petitioner requested respondent authority for exemption of license fee (Rent) for petitioner,s scooter parking for 50 days of the lockdown periocj and also exempt interest and compound interest on the rent and to calculate paya ble rent pertaining to the petitioner,s scooter parking account. However, without considering the representation of the petitioner dated 28.O2.2023, the tmpugned t:ennination order dated 29.O3.2023 had been passed by the respondents herein. Aggrieved by the same, the petitioner flled the present writ petition.

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5 s mrt earliero 10. 04.2023 ssedo ers ln vour of the etittoner ob erv n a under :-

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" Notice before admission .

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Mr.A.Srinivas Reddy, tearned Standing Counsel for TSRTC takes notbe on behatf of respondents No.7 to 3 and waives further notice.

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Regt5yry is directed not to take out notice to respondents No.1 to 3 in view of this waiver.

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Learned counsel for the petitioner submitted that the respondents have terminated the contract vide letter oated 29.03.2023 on the ground that there are

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certain dues pending to be paid by the petitioner. Learned counsel for the petitioner fufther submitted that the petitioner is wiiling to pay 30o/o of the said amount till the disposal of the writ petition and till such time, the letter dated 29.03.2023 may be suspended.

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Learned counsel for the petitioner also relied upon the order dated 12.11.2021 passed in I.A.NI.1 of 2021 in W.P.No.2B612 of 2021 wherein on payment of 3oo/o of the amount, the interim suspension was granted.

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There is no appearance for the respondents.

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Taking the above submissions into consideration, there shall be interim suspension of the termination of agreement contract dated 29.03.2023 for a period of three weeks subject to petitioner paying 30o/o of the due amount within a period of one week from today and the petitioner is permitted to continue to run his business subject to the above payment.

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List on 05.06.2023."

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6. Taki tn st ra ron:

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(a) The interim order of this Court dated 1O.O4.2023 passed in the present writ petition

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(b) The grievance of the petitioner as put_forth by the petitioner vide petitioner,s representation, dated 28.O2.2023,

No.E4 / 1"2213 I PTC-PA2/2o 1 9 -SR dated 29. 03. 20 23, the representation of the petitioner, dated ZB.OZ.ZO23 had not been considered at all by the respondents, (d) The fact as borne on record that the petitioner had not submitted any explanation to the show-cause notice dated 16.O3.2O23 issued to the petitioner.

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The Writ Petation is disposed off directing the respondents to reconsider the proceedings, dated 29.O3.2()23 issued against the petitioner within a period of eight (O8) weeks from the date of receipt of a copy of the order duly considering the grievance of the petitioner as put-forth by the petitioner vide petitioner's representation, dated 29.O3.2O23 and further by providing an opportunity of personal hearing to the petitioner and also enabling the petitioner to submit petitioner's representation to the show-cause notice issued to the petitioner by the 2nd respondent for termination of agreement, dated 16.O3.2O23 and pass appropriate orders in accordance to law, in conformity with the principles of natural justice, within a period of eight (O8) weeks, from the date of receipt of a copy of the order. Till the above entire exercise is

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n r-\

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initiated and concluded by the 2"d respondent by passing of appropriate orders in accordance to law, the interim order granted by this Court on 1O.O4.2023 shall

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remain in force.

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7 With the above observations, this writ petition is disposed of. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

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-SD/.MOHD. ISMAIL ASSISTANT EGIST

//TRUE COPY//

To,

SE N OFFICER

Divisional Manager, Sanathnagar Division, Telangana State Road Transport Corporation Having its head office at Mushirabad, Hyderabad, Telangana.

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The Regional Manager, Secunderabad Region, Telangana State Road Transport Corporation, having its head office at JBS, Picket, Secunderabad, Telangana

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The Depot Manager, HCU Depot Telangana State Road Transport Corporation, HCU, Hyderabad

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One CC to SRl. RUSHEEK REDDY K V Advocate [OPUC]

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One CC to SRl. A SRINIVAS REDDY (SC FOR TSRTC) Advocate TOPUCI

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Turo CD Copies

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One Spare Copy

CHS

HIGH COURT

DATED:0210912024

ORDER

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WP.No.9608 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS (k

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11 t>.- lrl 1CD?-Q)

Sri. K.B.v.Narayana v. Telangana State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Sri. K.B.v.Narayana v. Telangana State Road Transport Corporation

Case brief

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