V. Thirupathi vs State of Telangana and 4 others

/HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETI TION NO: 16675 0F 2022 Betwee n: AND V.Thirupathi, S/o, Laxmi Narayana, Aged about 47 years H No 2-10-495' Jyothi Nagar, Karimnagar District ...PETITIONER(S) 1 State of Telangana, Rep. by its Principal Secretary Transport Department' Secretariat, HYderabad.

The Telangana State Road Transport Corporation, Rep'' by its Vice-Chairman and Manaling Director Bus Bhavan, Hyderabad' The Reqional Manager, Telangana State Road Transport Corporation Karimnagar, Karimnagar District The Divisional Manager, Telangana State Road Transport Corporation Karimnagar, Karimnagar District The Depot lr,4anager, Mahabubnagar Tel?1Sa,na State Road Transport c.ip-o iJti d. t xr r"i, n a g ar., Ka ri m n a g a r D i st ri ct ...RESPONDENTS z 3 4 5 Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate Writ' order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 4th responoent t_etter.

No .Esr122\g1)t2020-RM-KR' dt19-03-2022 in so far as conditions imposed at Clause(1) (2) (3) of the impugned order dt 19-03 -2022 as illegal, null, void and aroltrarv'ano consequently direct the respondents to permit the petitioner to run his ttu'i *o't oo without insisting for the license fee for the closure Period ' IA NO: F 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned letter No. letter No.E5/122(91)l2O2O- RM-KR dt 19-03-2022 in so far as conditions imposed at Clause (1) (2) (3) of the impugned order dl 19-03-2022 as illegal, null, void and arbitrary.

Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondent No.1: GP FOR TRANSPORT Counsel for the Respondent Nos.2 to 5: SRI A.RAVI BABU, SC for TSRTC The Courl at the stage of admission made the following: ORDER I WRIT PETITION No.16675 of 2022 ORDER: their consent, this Writ petition is beins drsposed ol at the admission itself.

Questioning the conditions ntentioned in Clauses (i) to (iii) of the order passed by the respondent No.4 _ Divisional Manager, Telangana State Road Transport Corporation, Karinrnagar, dated I g.03.2022, the petitioner has filed thc preseut Writ petition.

THE HON'BLE SRI JIISTICE A.

ABHISHEK REDDY Learned counsel for the petitioner has stated that prior to the issuance of the impugned order dated 19.03.2022, possession o1. the subject premises was taken over by the olficial respctndents, therefbre, the decision tal<en bv thc Fleard learned counsel appearing on behalf of petitioner and learned Government pleader for .Iransport appearing on bchaif of respondent No.i and learned Standing Counsel for l'SRTC appearing on behalf of respondenr Nos.2 to 5.

With t-- 2 AAR, J W.P.No.16675 of 2022 which, the prernises was not being operated and is in possession of the officiai respondents' l,earned Standing Counsel has stated that the present Writ Petition is not maintainable' The learned Standing Counsel has further stated that as there were violations committed by the petitioner, the authority concerned had terminated the license of the petitioner, but, subsequently, on the application given by the petitioner, the present impugned order was passed.

That by way of concessiort, the impugned order of revocation was passed and the same is subject to the \- official respondents imposing a condition on the petitionet" to deposit the license fee for the period' for whic ' for which' the premises wasnotbeingrunisarbitrary,illegal,badandtherefor.e. prayed this Courl to set aside the impugned order dated 19.03.2022.

The iearned counsei has further stated that the petitioner is witling to abide by the other conditions and prayed this Cou( to allow the Writ Petition by setting aside the above condition ofpaying the license fee for the period' for AAII, J W l' No i667s o12022 impugned order dated 19.03.2022 was passed.

This Court is of the opinion that the imposition of the above condition by the respondent No.4 on the petitioner to deposit the entire license lcc fi'onr 19.01,2022 till the opening of the shop, is onerous and harsl.r, more so, when the said shop was in possession of the Corporation. l'laving regard to the lact that the petitioner was not conducting ar.ry business nor was he in possession of tl.re sub.iect prerrises. this Court is of tlie opinion that ends of .irrsticc r.ioulcl bc rlet. i1-the petitioner is directed to pa) consolidated amourlt of Rs.1,00,000/- (Rupees One Lakh only) tou'ards license fee, rvithin a period of two (2) weeks from the date of receipt of a copy of this order, instead of directing the petitioner to PaY the license fee from 19'01'2022 till commencement of the business' on such payment' the petitioner shall be allowed to continue to do his business as per the terlrls and conditions of the license agreement' The 4 '---- 3 petitioner accepting the terrns and conditiorls o['the saicl .rlcr. being made.

If the petitioner does not waut to accept tl.re saicl condition, he is free to reject the same and there is no compulsion from the Corporation.

A perusal of the impugned order dated 19.03.2022 shows that the petitioner has been directecl to <leposit the entirc license fee for the period from 19.0r.2022 tiil the date o1, commencing the business again by the petitioner.

Further, the impugned order dated 19.03. ted 19.03.2022 is passed pursuanr to the application made by the petitioner seeking to revoke the termination order.

One of the conditions imposed is thar the- petitioner should deposit the entire license tee lbr the pcriod from 19.01.2022 till the date of commencement of the business.

Admittedly, during the saicl period, the peririoner was not in possession of the sub.ject pretn ises ttor u aJ he conducting any business from the subject premlses.

After. the terrninatron of the jicense vide the order dared 19.01.2022, the tcation, based on which, rhe perifioner has submifted rfie appl AAR, J w P No 16675 of 2022 pelitioner shall abide b;' the other conditions imposed by the respondent No.4 in the impugned order dated 19.03.2022.

With the above, this Writ Petition is disposed o{' Miscellaneous applications, if any pending' shall stand closed.

There shall be no order as to costs.

5 //TRUE COPY// SD/.G.SIREESHA ASSISTANT REGISTRAR t ll " SECTION OFFICER to,., The principal secretary, Transport Department, State of relangana' ' i'"i*ili*i' H;o:foi* Managing Director, Telangana state Road Transport iilffi#,r'ffi ffi:#tr#,x::;;::;:ffi ::,"r" 1ff$$$u'p$*enr*m:',., l. [{it,s,sgss;' SB or L---- \ HIGH COURT DATED:1 910412022 ORDER WP.No.16675 of 2022 Es' d :]oo { $2 liii 2022 #iTff ffifli$Fiyfr i{:Eri,oru