JUDGMENT

(Prayer in W.P.No.881 of 2022: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter No.04/13004/Advt.Rev./MTC/2021 dated 05.01.2022 and quash the same and direct the respondent to award the license for display of advertisement on 630 buses as per the agreement dated 26.02.2021.

W.P.No.888 of 2022: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter No.03/13003/Advt.Rev./MTC/2021 dated 05.01.2022 and quash the same and direct the respondent to award the license for display of advertisement on 500 buses as per the agreement dated 26.02.2021.

W.P.No.891 of 2022: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter No.02/13002/Advt.Rev./MTC/2021 dated 05.01.2022 and quash the same and direct the respondent to award the license for display of advertisement on 400 buses as per the agreement dated 26.02.2021.)

Common Order

1. The writ petitioner is engaged in the business of promotion of advertisements. It is a MSME firm. The respondent Corporation invited tenders for award of licenses to display advertisements on the buses run by them. The number of buses are 1530. They were split into three (500+630+400). The writ petitioner emerged as the successful tenderer. Three tender agreements were entered into with the writ petitioner. The license period was to be valid for 11 months starting from 26.02.2021 to 25.01.2022. This was described in the tender agreement itself as the first spell. The contract between the parties contemplated renewal for two subsequent spells of 11 months each subject to satisfactory performance by the licensee during the previous license period and prompt payment of licence fee and other charges. Due to pandemic situation, the operation of the buses was affected and the petitioner could not enjoy the fruits of licence fully. Yet, they were called upon to pay the monthly licence fee. The petitioner submitted representation dated 09.06.2021 to the respondent seeking the following reliefs:-

(a) Full waiver of license fee during the full lockdown period.

(b) Payment of license fee only for the utilized buses during the partial lockdown periods.

(c) Grant of 30 days grace period.

The petitioner sent a reminder on 16.06.2021 reiterating their request. Since there was no response, the petitioner filed W.P.No.13329 of 2021. By order dated 25.06.2021, it was disposed of and the respondent was directed to consider the petitioner's request. The respondent vide communication dated 16.07.2021 informed the petitioner that his request could not be considered and the petitioner was directed to remit a sum of Rs.69,87,960/- on or before 22.07.2021. It was made clear that in the event of failure on the petitioner's part, the tender would be cancelled. Questioning the same, the petitioner filed W.P.Nos.15378 and 16633 of 2021. The Writ petitions were disposed of on 01.10.2021 in the following terms:-

“9. In the given factual matrix, this Court, having regard to the circumstances under which the petitioner is due to pay the licence fees ie., pandemic situation on account of covid- 19 and also taking note of the fact that the petitioner has already paid Rs.1.7 crores by way of security deposit, which is lying with the respondent and other Transport Corporations granted some concession to the similarly placed companies, directs the respondent to consider the claim of the petitioner seeking waiver/reduction of the licence fees during the lockdown period and pass appropriate orders, within a period four weeks from the date of receipt of a copy of this order.”

Pursuant to the aforesaid direction, the respondent passed the order dated 17.11.2021 accepting the request for waiver of the lic