ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not renewing and extending the lease period for further two years and not fixing the license fee for 4th and 5th years with 10% escalation of previous years as per tender condition under tender document and agreement vide tender No. eT-SRDCM-NFR-Eparking-21, dated 23.06.2021 and agreement No.WCN/CP/Parking Zone(Bay)/VSKP/2021, dated 02.09.2021 which is illegal, arbitrary, unjust, indiscriminate, and contrary to law and violative of Articles 300-A, 14 and 21 of the Constitution of India, and violative of principles of natural justice and consequently direct the 4th respondent to forthwith adhere with mandatory conditions under aforementioned for tender document and agreement and to fix the license fee for 4th and 5th years with 10% escalation of previous years before ending three years term of contract i.e., 02.09.2024 and pass such other order.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 to 4.

3. Learned counsel for the petitioner submits that the petitioner is the existing lease holder. The petitioner was granted lease in respect of parking stand for a period of three years i.e., from 2021 to 2024. As per the tender document it is enumerated as under:

“The period of contract is for 03 years (can be extended for another two years condition to successful completion of three years if extended the license fee for the 4th & 5th years will strictly have 10% escalation over previous year).”

4. In view of the tender condition, the petitioner can avail extension for another two years of period, if he is ready to pay the 10% enhancement of the existing lease amount. For which, the petitioner submitted a representation to the 3rd respondent herein on 30.07.2024 seeking extension of lease period with 10% enhancement of the existing lease amount. The representation was received by the respondents on 01.08.2024. Even after receipt of the representation, the respondents neither considered the representation nor extended the lease period as requested by the petitioner. Hence, the present Writ Petition is filed.

5. On the other hand, learned Standing Counsel appearing for respondent Nos.2 to 4 submits that the lease period of the petitioner is coming to an end by 26.08.2024. He further submits that in the subject parking place, as part of the upgradation of the Visakhapatnam Railway Station, the respondents proposed to construct a multi-level car parking in the building instead of single level parking, it is due to constrain of the physical place/area within the Visakhapatnam Railway Station. He further submits that as per Clause 32 of the agreement entered between the petitioner and the respondents on 02.09.2021, it is clear and categorical that no extension of the contract will be given. However, in case of any exigency for extension shall be granted subject to satisfactory performance of the contract without any breach of contractual obligations and compliance of all payment obligations by the licensee. In view of the said condition, the petitioner is not entitled for any enhancement.

6. Heard the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for respondent Nos.2 to 4 and perused the representation submitted by the petitioner. The fact remains that on perusal of the tender condition, the petitioner is entitled for extension of lease for a period of two (2) years with 10% escalation of the existing lease amount. Similarly, as per clause 32, it is for the respondents to grant extension considering the feasible conditions and the performance of the petitioner herein. After gone through the both conditions, which reveals that the extension of period of 2 years as requested by the petitioner thr