2017 Supreme(AP) 908
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. Siva Sankara Rao, J.
Samiulla Khan – Appellant
Vs.
TSRTC, Musheerabad, Hyderabad and Ors. – Respondents
WP No. 15344 of 2017
Decided On : 01-08-2017
For the Appellant : A. Jagan
For the Respondent: A. Ravi Babu, SC
Headnote:
Constitution of India, 1950 – Article 226 – Termination of Licence – Forfeiting security deposit – Seeking for issuance of appropriate writ, order or direction – Declaring action of respondent as illegal, arbitrary, violation of principles of natural justice and as well as violation of fundamental rights – Held, Seeds shop by confirming action of respondents terminating licence and forfeiting security deposit, Writ Petition are allowed by setting aside termination of licences and forfeiting of security deposits, by directing to continue petitioner in relation to respective three shops in question for unexpired licence period, subject to undertaking affidavit of petitioner, to respondent No. 2 by marking copy of same to respondent Nos. 3 and 4, of not to misbehave in any manner with RTC officials or staff or passenger public in any manner and also not to encroach but for using only licensed area to unexpired period strictly in terms of licence for purpose of licence – Writ petitions closed (Para 10 and 11)
Facts of the case:
In present Writ Petition Petitioners are Seeking for issuance of appropriate writ, order or direction and Declaring action of respondent as illegal, arbitrary, violation of principles of natural justice and as well as violation of fundamental rights
Findings of the Case:
Seeds shop by confirming action of respondents terminating licence and forfeiting security deposit, Writ Petition are allowed by setting aside termination of licences and forfeiting of security deposits, by directing to continue petitioner in relation to respective three shops in question for unexpired licence period, subject to undertaking affidavit of petitioner, to respondent No. 2 by marking copy of same to respondent Nos. 3 and 4, of not to misbehave in any manner with RTC officials or staff or passenger public in any manner and also not to encroach but for using only licensed area to unexpired period strictly in terms of licence for purpose of licence
Result: Writ petitions closed
B. Siva Sankara Rao, J.
1. These four writ petitions are filed by the self-same petitioner by name Samiulla Khan against the self-same respondents 1 to 4 viz.; Telangana State Road Transport Corporation (for short, 'TSRTC') represented by its Managing Director, Musheerabad; the Regional and Additional Managers, Adilabad Division and the Depot Manager of Nirmal District.
2. The prayers in all the writ petitions common but for different with regard to shop numbers and area read as follows:
'To issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring Proceedings No. 02/122(31)/2016-RM-ADB, dated 10.3.2017 (in WP No. 15468 of 2017); 02/122(54)/2016-RM-ADB, dated 10.3.2017 (in WP No. 15344 of 2017); 02/122(28)/2016-RM-ADB, dated 10.3.2017 (in WP No. 15447 of 2017) and 02/122(117)/2016-RM-ADB, dated 10.3.2017 (in WP No. 15495 of 2017); of the 3rd respondent as illegal, arbitrary, violation of principles of natural justice and as well as the violation of the fundamental rights guaranteed under the Constitution of India and set aside the same and consequently direct the respondents to permit the petitioner to run the Sweet Stall in (Dot Shop No. 10 (In WP No. 15468 of 2017); to run Flower and Loose Pan (in WP No. 15344 of 2017); to run Fruit and Fruit Juice in Dot Shop No. 12 (WP No. 15447 of 2017) and to run the Seed Shop No. 1 in WP No. 15495 of 2017) at Nirmal Bus Station, Nirmal, Nirmal District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.'
3. The respective writ petition affidavits of the selfsame deponent in support of the writ petitions prayers are that pursuant to the tender notifications dated 22.4.2016, the petitioner became the highest bidder of the 4 shops viz.; (1) Seeds Shop to an extent of 8 x 10 Sft, (2) Sweet House to an extent of 11.9 x 13, (3) Fruit and Fruit Juice Shop 6 x 10 and (4) Flower and loose pan in open space 6 x 10 Sft, and the respective lease agreements were entered on 24.8.2016 for the lease period upto 18.3.2018 for the seeds shop and till 5.8.2021 for the other shops and the petitioner deposited EMD and other security deposits respectively. It is the further averment that the Depot Manager (4th respondent) demanded bribe and the petitioner was reluctant to pay and the Depot Manager created nuisance stating that the petitioner at the Seeds Shop-1, occupied beyond the lease extent unauthorizedly and issued notice dated 6.2.2017, to remove the same, but in fact there is no notice served on him. The 4th respondent came to the shop on 18.2.2017 and tried to demolish the shop through his staff with JCB which the petitioner could avert despite they beaten him. The 4th respondent also filed a false criminal case which is pending for adjudication. The 4th respondent bore grudge and issued show-cause notice on 20.2.2017, and the petitioner challenged the same in WP No. 7701 of 2017 is pending for getting instructions by the learned Standing Counsel for the RTC. While stood thus, the proceedings cancelling the licences of the 4 shops issued are the subject-matter of challenge in the writ petitions, since the 3rd respondent issued the impugned proceedings, without even considering the explanation submitted by the petitioner, by termination of the subsisting licence period of the shops in question, which not only effects the avocation of the petitioner but also other workers and their families livelihood and the petitioner will suffer acute and irreparable financial loss as he also availed bank loans for investing in the business and the action of the respondents 3 and 4 is revengeful and uncalled for. He thereby sought for setting aside the impugned proceedings of licence cancellation and for its interim suspension pending disposal of the writ petitions so as to continue the petitioner to run the business in the 4 shops.
4. The counter-affidavits filed by the Law Officer by the TSRTC on