P Reddemma vs. Andhra Pradesh State Road Transport Corporation
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Order Issued After Hearing
Purpose:
Admission (Apsrtc)
Before:
Hon'ble Ninala Jayasurya
Listed On:
13 Oct 2022
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRTEENTH DAY OF OCTOBER. TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 33535 OF 2022
Between:
Smt P.Reddemma, W/o P.Sudhakar, Aged about 45 years, Occ: Business, Resident of Balijapalli village, Bhakarapet Post, Chinnagottigallu Mandal, Tirupati District.
...Petitioner
AND
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- Andhra Pradesh State Road Transport Corporation, Rep. by its Vice Chairman & Managing Director, Bus Bhavan, Vijayawada, Krishna District.
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- The Regional Manager, Andhra Pradesh State Road Transport Corporation, Tirupati, Tirupati District.
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- The Depot Manager, Andhra Pradesh State Road Transport Corporation, Piler Depot, Annamavva District.
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- The District Public Transport Officer, APS RTC, Annamayya District at Rayachoty.
...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4<sup>th</sup> respondent in issuing Tender Notification through Publication No.P1/797(2)/2022- DPTO/ANMA, dated 29-09-2022 asking to submit sealed Tenders from the interested persons to run various businesses like Canteen/Stalls/Shops/Open spaces available in the Bus Stations of respective Bus Depots in Annamayya District including the petitioner's shop i.e., CC-05 (10x10), situated in Piler Bus Station, Annamayya District by ignoring the Allotment Order No.T2/122(83)/2021-RM (T), dated 18-03-2021 of the $2^{nd}$ respondent for conducting business of Cool Drinks, Tea, Coffee and Snacks is illegal, arbitrary, unconstitutional and violation of principles of natural justice, set aside the same and consequently direct the respondents to continue the petitioner to run the shop CC-05 ( $10x10$ ), situated in Piler Bus Station, Annamayya District.
IA NO: 1 OF 2022
,
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the petitioner to conduct business as specified in their Allotment Order No.T2/122(83)/2021-RM(T), dated 18-03-2021 by duly setting aside the Tender Notification through Publication No.P1/797(2)/2022-DPTO/ANMA, dated 29-09-2022 in respect of petitioner's shop only i.e., at Serial No.60, pending disposal of WP.No.33535 of 2022, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Vutupalli Rajanna, Advocate for the Petitioner and Sri N.Srihari, Advocate for the Respondents, the Court made the following:
ORDER:
"Heard the learned counsel for the petitioner and the learned Standing Counsel for A.P.S.R.T.C.
Considering the submissions made and perusing the material on record, the impugned Notification dated 29.09.2022 shall stand suspended, subject to the condition of petitioner paying the arrears of rent in respect of Shop CC-05 $(10 \times 10)$ , situated in Piler Bus Station, Annamayya District, within a period of four (4) weeks from today.
In the event, the petitioner fails to deposit the arrears of rent, within the time stipulated; it is open for the respondent-Corporation to issue fresh Notification, in respect of the subject matter shop.
List this case after six (6) weeks."
//TRUE COPY//
To,
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- The Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Bus Bhavan, Vijayawada, Krishna District.
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- The Regional Manager, Andhra Pradesh State Road Transport Corporation, Tirupati, Tirupati District.
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- The Depot Manager, Andhra Pradesh State Road Transport Corporation, Piler Depot, Annamayya District.
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- The District Public Transport Officer, APS RTC, Annamayya District at Rayachoty. (Addressee Nso.1 to 4 by RPAD)
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- One CC to Sri. Vutupalli Rajanna, Advocate [OPUC]
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- One CC to Sri. N.Srihari, Advocate [OPUC]
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- One spare copy
$MM$
$\overline{ }$
$\Delta$
For $\overline{a}$
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR
SECTION OFFICER
HIGH COURT
NJS,J
DATED:13/10/2022
NOTE: LIST THIS CASE AFTER SIX (6) WEEKS
ORDER
WP.No.33535 of 2022
DIRECTION
$\overline{\phantom{a}}$
15 OUT 2023