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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
K.Padmaja – Appellant
Versus
Union of India, Rep. by its Principal Secretary, Ministry of Indian Railways, New Delhi – Respondent
ORDER :
Nagesh Bheemapaka, J.
Petitioner challenges the order dated 14.11.2025 of the 2nd respondent, whereby her licence was terminated and fresh tenders were called for through Notification dated –Nil- relating to the contract for operation and maintenance of Pay and Use Toilets at KSR Bengaluru City Railway Station. She asserts that the impugned termination order was issued without issuing any show cause notice and without complying with the order dated 06.11.2025 of this Court in Writ Petition No.33477 of 2025.
2. The case of petitioner is that disputes arose between herself and the 2nd respondent with regard to excess collection of licence fee in earlier quarters and the consequent refundable amount payable to her. Despite repeated representations requesting the 2nd respondent to calculate the refundable amount and adjust the same towards subsequent licence fee, the 2nd respondent insisted upon payment of the full licence fee for the next quarter. In this background, petitioner is stated to have filed Writ Petition No. 33477 of 2025 questioning the inaction of the 2nd respondent on her representation dated 14.10.2025 seeking refund of excess licence fee collected in earlier quart
Termination of a license without a show cause notice or consideration of refundable fees violates natural justice and judicial directives.
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.
Demand for license fee before business commencement violates natural justice principles and must be based on factual correctness.
The court established that termination of a contract must comply with natural justice principles, requiring adequate reasoning and opportunity for the affected party to respond.
The court established that termination of a lease contract without proper notice violates principles of natural justice and contractual obligations.
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