Cancellation of administrative allotment without notice violates principles of natural justice, necessitating fair procedures even in the absence of explicit statutory requirements.

ORDER :

Surepalli Nanda, J.

Heard Sri C.Ramachandra Raju, learned counsel appearing on behalf of the Petitioner, Sri M.Ajay Kumar, learned standing counsel appearing on behalf of the respondent Nos.1 & 2, Sri P.Shamantak, learned counsel representing Sri R.Anurag, learned standing counsel for TSRTC appearing on behalf of the respondent No.3 and Sri Baglekar Akash Kumar, learned counsel appearing on behalf of the respondent No.4.

2. The Petitioner approached the Court seeking prayer as under :

“…to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^nd respondent vide his order dated 18/06/2024 cancelling the allotment of Vijaya Dairy Parlour Stall in Mahabubnagar Bus Station given to the petitioner is highly unwarranted, unjust, highly arbitrary, illegal and violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and pass

3. PERUSED THE RECORD:-

A. The impugned proceedings letter No. 1541/GM(Mkt)/ 2017, dated 18.06.2024 issued by the 2nd respondent to the petitioner is extracted hereunder;-

“In the reference 1st cited, you wee appointed as Parlour Operator of the VIJAYA Dairy Parlour at Mahabubnagar bus station, Mahabubnagar on certain terms & conditions.

While so, vide reference 2nd & 3rd cited it has come to the notice of the undersigned that an objection has been raised by the TSRTC authorities with regard to sale of the Non Dairy Products and other competitive Dairy Products in the Vijaya Telangana parlour which is a violation of the terms and conditions of the allotment order.”

Under the above circumstances the allotment of the Vijaya Telangana Dairy parlour allotted to Sri V.M.Satish hereby stands cancelled with immediate effect.

B. Proceedings, dated 06.06.2024 of the 3rd respondent addressed to the Depot Manager, TGSRTC, Mahabubnagar Depot is extracted hereunder:-

With reference to the representation of the licensee 2nd cited, the competent authority has accorded approval for extension of the license period of Vijaya Diary Parlour business in Open Stall (10x10 sft) at Mahabubnagar Bus Station which was allotted to Sri V.M.Sateesh, the existing licensee, for a period of ONE (1) YEAR more, i.e., from 17.08.2024 to 16.08.2025, with an enhancement of 15% license fee over existing monthly license fee realized Rs.82,500/-, on the same terms and conditions of the agreement.

Therefore, you are requested to take further necessary action at you end, such as collecting difference of Security Deposit as per the revised license fee of Rs.94,875/-, with an enhancement of license fee @ 15% over the existing license fee of Rs.82,500/- and direct the licensee immediately to this office to execute Supplementary Agreement on Rs.100/- NJS paper and report compliance.

Further ensure that there are no outstanding rents up to 16-08-2024.

C. The orders of this Court, dated 12.07.2024 passed in I.A.No 01 of 2024 in W.P.No.18531 of 2024 is extracted hereunder:-

“Taking into consideration the averments made by the petitioner in the affidavit filed in support of I.A.no.1 of 2024 and duly considering the submissions of learned counsel on record, and duly taking note of the fact as borne on record that the proceedings impugned dated 18.06.2024 vide letter No.1541/GM/(Mkt)/2017 issued to the petitioner by the 2^nd respondent is without issuing any notice to the petitioner and in clear violation of principles of natural justice, the operation of the order of the 2^nd respondent vide his letter No.1541/GM/(Mkt)/2017, dated 18.06.2024 cancelling the allotment of Vijaya Dairy Parlour Stall of the petitioner in Mahabubnagar Bus Station is suspended till 15.07.2024.

The above interim orders are in force as on date.

D. The counter affidavit filed on behalf of the respondent No.4 and relevant para Nos.6, 7 and 8 are extracted her