IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 15648 OF 2025

09.01.2026 Between:

A.Rajender & another ….. Petitioners And The State of Telangana, Rep. by its Principal Secretary, Transport Department, & others.

….. Respondents

O R D E R:

The present writ petition is filed aggrieved by the proceedings dated 02.06.2025 issued by Respondent No.6. whereby representation dated 17.05.2025 of Petitioners was rejected and consequential steps were initiated in furtherance of e-Tender Notification dated 11.04.2025 in respect of DOT Shop Nos. 16, 17 and 18 situated at Jagtial Bus Station. Petitioners seek a declaration that the impugned proceedings dated 02.06.2025 are arbitrary, illegal, violative of the principles of natural justice and contrary to the orders passed by this Court in the earlier rounds of litigation, and consequently seek setting aside of the said proceedings and protection of their license rights in respect of the subject DOT Shops.

2. Petitioners are licensees of DOT Shop/Stall Nos. 16, 17 and 18 situated at Jagitial Bus Station, Jagitial District and they are carrying on business in the said stalls. Respondent Corporation, with a view to utilise vacant land available in Jagtial Bus Station, invited bids from intending business persons under the Deposit Operate and Transfer (DOT) Scheme for construction and operation of shops/stalls within the bus station premises. Pursuant to the said notification, they submitted bids for subject shops offering to pay a monthly license fee of Rs.5,000/- per stall and a non-refundable deposit of Rs.2,40,000/- for construction and allotment of the said stalls. The Corporation communicated acceptance vide letters dated 08.01.2015, on receipt of which, Petitioners deposited non-refundable amount of Rs.2,40,000/- and were thereafter, granted license in respect of the DOT shops for twenty years commencing from 09.02.2015 and ending on 08.02.2035, with a clear and unequivocal stipulation that upon completion of the license period, they should vacate and hand over possession of the stalls to the Corporation and that no extension of the license period would be granted beyond the said term.

2.1. Petitioners contend that after several years of peaceful operation of the stalls, Respondents issued notice dated 15.09.2021 alleging that Petitioners had encroached upon additional area measuring 232.75 square feet, 231.16 square feet and 231.16 square feet respectively in front of their allotted stalls. It is the specific and consistent case of Petitioners that the inspection report dated 31.08.2021, on the basis of which such allegations were made, was never furnished to them, thereby depriving them of an opportunity to verify or contest the measurements. Petitioners state that subsequent notices dated 05.07.2022, 25.11.2022, 06.01.2023 and 05.06.2023 reiterated the very same allegations without supplying any supporting material or report.

2.2. Petitioners further state that they participated in a meeting convened by the Regional Tender Committee on 22.06.2022 in connection with the alleged encroachment, during which, they, without admitting the allegations, expressed their willingness to pay additional license fee of Rs.2,000/-for the alleged encroached area in order to resolve the issue amicably. However, the said offer was not accepted by the Regional Tender Committee. Thereafter, by notices dated 25.11.2022 and 06.01.2023, Respondents demanded monthly amounts of Rs.25,321/-, Rs.25,216/- and Rs.20,783/- respectively with effect from 02.09.2021 towards license fee and charges for alleged utilisation of additional space, coupled with a threat of termination of license and forfeiture of security deposit in the event of non-payment.

2.3. It is the specific contention of Petitioners that Regional Tender Committee had no authority or jurisdiction to unilaterally alter or enhance the license terms or determine additional financial liability.