THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.22167 OF 2025

ORDER :

This writ petition is filed by the petitioner seeking the following relief:

“… to issue a Writ of Mandamus or any other writ order or direction declaring challenging the orders dated 17-07-2025 (received on 21-07-2025) of the 2^nd respondent thereby terminating the agreement dated 05-01-2011 entered with the petitioner for Installation and Operation of 10 traffic signals with Surveillance cameras within the Nizamabad Municipal Corporation limits under BOT basis in lieu of proposed erection of Gantries, T poles and cantilever for advertisement purpose at 25 locations by the petitioner falsely alleging the expiry of the term of contract of 10 years contrary to the permission dated 21-12-2010 and terms of agreement which clearly stipulates 20 years term but relied on the mistake crept in at Article 2.2 of the agreement and also raising false allegations as illegal arbitrary unconstitutional and contrary to the permission of the 2nd respondent dated 21-12-2010 and terms of agreement dated 05-01-2011 thereby causing huge and irrecoverable monetary loss to the petitioner and consequently set aside the same directing the respondent no.2 not to interfere with the business and rights of the petitioner in any manner till the completion of 20 years as per the agreement and pass …”

2. Heard Mr. V.M.M. Chary, learned counsel for the petitioner, and Mr. V. Satyam Reddy, learned standing counsel for the Nizamabad Municipal Corporation, appearing for respondent No.2.

3. The background facts of the case are as under:

Respondent No.2 entered into agreement dated 05.01.2011 with the petitioner pursuant to the tender issued by respondent authorities inviting Expression of Interest for installation and operation of ten (10) traffic signals with surveillance cameras within the Nizamabad Municipal Corporation limits under Build-Operate- Transfer (BOT) basis in lieu of proposed erection of Gantries, T poles and cantilever for advertisement purpose at twenty five (25) locations. The petitioner has participated in the tender and was awarded contract. Thereafter, agreement dated 05.01.2011 was entered into by the petitioner and respondent No.2. The petitioner has installed traffic signals, surveillance cameras at identified junctions of Nizamabad Town; also installed Gantries, T-Poles and cantilever for advertisement at sixteen (16) locations in Nizamabad Town.

It is stated as roads were not commercially viable and did not have any CC road along with median, the petitioner was asked to use the balance 9 advertisement locations as and when the roads are ready. The Traffic Police Department of Nizamabad Town issued satisfaction certificate after completion of work. It is submitted that the petitioner was granted exemption of advertisement tax for twenty (20) years, as the contract period of the petitioner is twenty (20) years. The petitioner had been operating traffic signals and advertisement boards at 16 locations successfully. Respondent No.3 had been periodically inspecting the traffic signals and the petitioner had been attending to the repair works as and when required. Thereafter, in the year 2015 pursuant to the Members of Parliament Local Area Development (MP LAD) Scheme, the petitioner has handed over the maintenance of the CCTV cameras to respondent No.2 which was later handed over to different agency. The traffic signals where CCTV cameras were installed by the petitioner and signals mentioned in MP LAD scheme approval are one and the same, which would substantiate that the CCTV maintenance were handed over to a different agency after completion of installation by the petitioner.

4. It is stated that the petitioner had been requesting respondent No.2 to permit the petitioner to install advertisement display boards at the remaining nine (9) locations as per the original permission dated 21.12.2010 and the agreement dated 05.01.2011. However, the issue has been kept pen