Telangana High Court
Sri. Annedi Srikanth Reddy vs The State Of Telangana And 6 Others on 26 September, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.633 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. Vladimeer Khatoon, learned counsel for
the appellant and Mr. Vamshi Krishna, learned counsel
representing Mr. A.Ravi Babu, learned Counsel for
respondents No.2 to 7.
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.
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, 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.
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
26.09.2022
dua/vs
