The termination of a license agreement is valid if it is in accordance with the terms and conditions of the agreement, and the public interest outweighs the personal interest of the licensee.

ORDER :

Heard the learned counsel Mr. C. Ramachandra Raju, appearing on behalf of the Petitioners and Mr.Harendar Prasad, learned Special Government Pleader representing Mr.Thoom Srinivas, learned standing counsel appearing on behalf of respondents.

2. This writ petition is filed to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent, terminating the licences of the petitioners in respect of their respective Stall Nos.95, 97 and 93 respectively in MGBS, Hyderabad, vide his proceedings No.P4/122(75)/2021-RR, P4/122(32)/2022-RR and P4/122(73)/2021-RR, dated 15.06.2023, is without jurisdiction, highly unwarranted, highly unjust, arbitrary, illegal, violative of principles of natural justice, contrary to the terms and conditions of the licence deeds of the petitioners, colourable exercise of power and violative of Articles 14 and 21 of the Constitution of India.

PERUSED THE RECORD :

3. The counter affidavit filed by the Respondents, in particular, Paras 3, 4, 5, 8, 13, 18, and 19 read as under:

“3) I respectfully state that, the deed of licenses was entered by the Divisional Manager, TSRTC. The same authority has issued the present impugned notices. As such the same does not amount to lack of jurisdiction. It is to bring to notice of this Hon'ble court that the nomenclature of Divisional Manager was changed as Deputy Regional Manager, as such the Deputy Regional Manager is having jurisdiction to issue the present impugned order. A copy of the same is filed herewith.

4) I respectfully state that in contractual matters, the terms and conditions of the deed of license will govern and the concept of legitimate expectation does not arise. The Respondent Corporation never assured the Petitioners with regard to the period or in any manner, as mentioned above the terms and conditions of the deed of license will govern. The clause 23 of the deed of license permits the Respondent Corporation to issue 3 months advance notice for termination, as such the same cannot be found fault. In the impugned notices, it is specifically mentioned that the digitalization of parking system is to provide better facilities to the passengers and in the public interest. The Petitioner herein having entered the deed of license with wide open eyes, cannot be permitted to dictate the terms stating that the corporation can suspend the license for time being and for limited purpose. It is for the Respondent Corporation to take appropriate decision in the interest of public, as to what are required to be done. The advice of the Petitioner does not warranted in this regard. Further, the Clause 23, mandates issuance of three months advance notice and there is no provision of issuing a show cause notice as per the terms and conditions of the agreement, as such the same is not mandatory. The issuance of impugned orders are in accordance with the terms and conditions entered between the Petitioners and Respondent Corporation.

5. I respectfully state that, though the petitioners made their representations to drop the proceedings, the same cannot be considered, since the Respondent Corporation has issued the impugned notices as per the terms and conditions of the deed of license and the impugned notices are issued for better services to the customers who park their vehicles and in the interest of public. I respectfully state that as per clause 25 of the agreement, the Licensee shall make his/ her own arrangements for procuring necessary equipment for carrying out his/ her business. In view of the above clause, the claim of the Petitioner, that they have invested huge amounts does not support his case. The Respondent Corporation never insisted the Petitioners to provide any software facility, as claimed in the Writ Petition/ It is the policy decision of the Corporation to provide better services to the customers who park their vehicles in the MGBS and as such the present notices were issu