State actions regarding license distribution must comply with fairness, non-arbitrariness, and promote public interest by avoiding monopolies.

ORDER :

1. Heard Sri Venkateswarlu Kolla, learned Counsel for the Writ Petitioners in W.P.No.1690 of 2024, 30041 of 2023, Smt. G. Urmila, learned Counsel appearing on behalf of Smt. P. Vijaya Kumari, learned Counsel for the Writ Petitioner in W.P.No.32835 of 2022 and Sri Aravala Rama Rao, learned Standing Counsel for APSRTC.

2. The Writ Petitioner is the same person in all the four Writ Petitions. As no cause survives in W.P.Nos.31871, 32835 of 2022 & 30041 of 2023, these Writ Petitions have become infructuous.

3. The Writ Petition bearing W.P.No.1690 of 2024 is filed seeking the following relief :

“…….to issue Writ, Order or Orders more particularly in the nature of Writ of Mandamus declaring the action of District Public Transport Officer (Respondent 3) in issuing termination orders of my licence dated 08-12-2023 for open space No. 03, 04 , 06 ,07, 10 and also open space No. 05 & 08 dated 15-11-2023 and also inviting fresh tenders dated 4-1-2024 for open spaces in Erraguntla Bus Station of Kadapa, YSR District as illegal, arbitrary, capricious and against principles of natural justice offending articles 14, 19, 21 and article 300 of the Constitution of India and consequently quash or set aside the termination orders dated 8-12-2023 for open space No. 03, 04, 06, 07, 10 and 15-11-2023 for open space No. 05 & 08 and also the tender notification dated 4-1-2024 issued by the District Public Transport Officer Kadapa, YSR District and pass such other Order or Orders as may deem fit and necessary in the circumstances of the case.”

FACTS AS PER WRIT PETITIONER:

4. The above prayer would indicate that the Writ Petitioner is aggrieved of the Termination Orders of his licences in respect of Open Space Nos.3,4,5,6, 7,8,10. The Writ Petitioner is also aggrieved of the issuance of the latest Tender Notification dated 04.01.2024 for the above mentioned Open Spaces (Ex.P.1). The above prayer would indicate that the Termination Orders were passed in the months of November and December, 2023, and thereafter, the Respondents have issued Tender Notification dated 04.01.2024. Previously, the Respondent APSRTC Kadapa Region has called for bidding of Open Spaces and issued Tender Notification dated 05.01.2022 for grant of licences for doing different kind of businesses at Yerraguntla Bus Station by fixing a monthly licence fee. The Writ Petitioner had participated in the Tender process and secured allotment letters for Open Spaces dated 31.03.2022 for Open Stall Nos.5 to 10 for the purpose of running different businesses for a period of five years. Licence fee for each of the Open Spaces was payable on monthly basis. The Writ Petitioner entered into an Agreement for running the said Open Spaces on 16.06.2022. The Writ Petitioner has also entered into an Agreement on 25.04.2023. It is submitted by the learned Counsel for the Writ Petitioner that the Respondents have issued Show Cause Notices dated 10.10.2023, 2011.2023 & 24.11.2023 in respect of payment of monthly licence fee for the months of November, 2023.

5. The Writ Petitioner has filed W.P.No.28876 of 2023 challenging the said Show Cause Notices dated 10.10.2023, 2011.2023 & 24.11.2023. Vide Order dated 03.11.2023, this Court has disposed of the W.P.No.28876 of 2023 directing the Writ Petitioner to submit the explanation to the Show Cause Notice