Citation : 2025 Latest Caselaw 2994 Tel
Judgement Date : 11 March, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.7105 of 2025
ORDER:
Aggrieved by the cancelation of the allotment order dated
24.10.2025 vide impugned order vide Lr.No.TGTDC/AMC/G1/6/ 2024
dated 24.02.2025 passed by respondent No.2, the present Writ Petition
is filed.
2. Heard Sri K.V.L. Jayasimha, learned counsel appearing for the
petitioner, and Sri P. Venkateshwar Rao, learned Standing Counsel for
respondent No.2-Telangana Tourism Development Corporation Limited.
With their consent, the Writ Petition is taken up for disposal at
admission stage.
3. Learned counsel for the petitioner submits that respondent No.2
had accorded permission for operations and management of one
Banquet Hall and six Stalls at Neera Café, Necklace Road, Hyderabad,
on monthly rental basis vide proceedings in Lr.No.TGTDC/AMC/
G1/6/2024 dated 24.10.2024. However, without issuing any notice or
affording an opportunity to the petitioner to submit his explanation,
respondent No.2 has unilaterally passed the present impugned order
dated 24.02.2025, canceling the earlier allotment order dated
PK, J
24.10.2024. Therefore, learned counsel for the petitioner prays this
Court to pass necessary orders in the present writ petition.
4. Learned Standing Counsel for respondent No.2, while admitting
the fact that the impugned order was issued without any notice,
submits that respondent No.2 will issue a show-cause notice in
accordance with law.
5. Having regard to the submissions made by learned counsel for the
respective parties, it is undisputedly clear that the present impugned
order dated 24.02.2025 was passed without issuing any notice and
without affording any opportunity of hearing to the petitioner. This
Court as well as the Hon'ble Apex Court, in catena of judgments, held
that the principles of natural justice and the fundamental rights of the
parties of being heard before any orders are passed are inviolable. The
Hon'ble Apex Court, in State Bank of India v. M.S. Basi & Ors. 1, has
categorically held that the an order is liable to be set aside if no
opportunity of hearing is afforded to the parties who are adversely
affected.
1 (2004) 11 SCC 347
PK, J
6. In view of the above, this Court deems it appropriate to set aside
the impugned order dated 24.02.2025 and remand the matter back to
respondent No.2 for taking appropriate action.
7. Accordingly, the Writ Petition is allowed setting aside the
impugned order vide Lr.No.TGTDC/AMC/G1/6/2024 dated 24.02.2025
passed by respondent No.2, and the matter is remanded back to
respondent No.2 to pass appropriate orders strictly in accordance with
law.
Miscellaneous applications, if any, pending in this writ petition,
shall stand closed. No costs.
________________________________ JUSTICE PULLA KARTHIK Date: 11.03.2025.
Note: Issue C.C. by 17.03.2025.
B/o.
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