THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL Nos.642 and 645 of 2022
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. Vladimeer Khatoon, learned counsel for
the appellants and Mr. Venkata Kedarinath, learned
counsel for respondents No.2 to 7.
2. It is submitted that the present writ appeals are identical to W.A.No.633 of 2022 which was disposed of on 26.09.2022.
3. Learned counsel for the appellants submits that the present writ appeals may be disposed of in terms of the aforesaid judgment dated 26.09.2022.
4. Judgment dated 26.09.2022 passed in W.A.No.633 of 2022 reads as under:-
"2. This writ appeal has been preferred by the appellant assailing the interim order passed by the learned Single Judge in W.P.No.34576 of 2022, dated 19.09.2022.2
3. Appellant has filed the related writ petition seeking a direction to the respondents not to dispossess him in respect of stall No.16. In the two interlocutory applications i.e., I.A.Nos.1 and 2 of 2022, prayer has been made not to dispossess the appellant from stall No.16 pending disposal of the writ petition and also for a direction to the respondents not to collect interest on the license dues from the appellant in respect of stall No.16.
4. On 19.09.2022, the learned Single Judge passed the following order:
"Mr. A. Ravi Babu, learned Standing Counsel for TSRTC, has produced before this Court a copy of the order dated 13.09.2022 styled as 'Final order for termination of licence'. It is submitted that show-cause notice dated 04.05.2022 was issued to the petitioner, and thereafter pursuant to the order passed by this Court in W.P.No.23650 of 2022, the petitioner paid arrears from January, 2022 to April,2022. However, again the petitioner fell in due arrears from May, 2022 to August, 2022. Learned Standing Counsel further submits that if the petitioner is willing to pay rental arrears from May, 2022 to August, 2022, he will be permitted to occupy the shop.
In response thereto, learned counsel for the petitioner submits that termination order is illegal. The petitioner has not been issued any show-cause notice relating to arrears for the period from May, 2022 to August, 2022. Even as per the contents of the termination order dated 13.09.2022, the show-cause notice dated 04.05.2022 pertain to the period prior to May, 2022 and not for the subsequent period.
Prima facie, the impugned final order for termination of licence is in violation of principles of natural justice. The petitioner shall be permitted to continue his business, however arrears for the period from May, 3 2022 to August, 2022 shall be cleared by the petitioner on or before 30.09.2022. It is made clear that rents for the current month of September, 2022 and future months shall be paid by the petitioner without default.
Post on 14.10.2022. "
5. From a perusal of the above, it is seen that the learned Single Judge has taken a prima facie view that the final order for termination of license dated 13.09.2022 is in violation of the principles of natural justice. Accordingly, learned Single Judge has allowed the appellant to continue his business in stall No.16 subject to payment of arrears from the month of May, 2022 to August 2022 on or before 30.09.2022, further clarifying that rent for the month of September, 2022 and future months would be paid by the appellant without default. The writ petition has been directed to be listed next on 14.10.2020.
6. After hearing learned counsel for the parties and on due consideration, particularly having regard to the ensuing festival season, we are of the view that it would meet the ends of the justice if appellant is directed to pay the arrears for the period from May, 2022 to August, 2022 on or before 31.10.2022. The rent for the months of September, 2022 and October, 2022, shall be paid by the appellant in due course without default.
7. Hearing of W.P.No.34576 of 2022 would stand deferred to 15.11.2022.
8. Writ appeal is accordingly disposed of.
4Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs".
5. In view of the above, the present writ appeals are also disposed of in the above terms.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 28.09.2022 ESP/VS