THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.1070 of 2011 Dated 17th November, 2011 Between: P.Jayaram Goud …Petitioner And The A.P.Tourism Development Corporation Limited, Tourism House, Himayat Nagar, Hyderabad rep.by its Vice-Chairman and Managing Director and another …Respondents Counsel for the petitioner: Ms.A.Swathi For Sri G.V.Shivaji Counsel for respondents: Sri A.K.Narasimha Rao The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the tender notice, dated 20.12.2010, issued by respondent No.1, leasing out Haritha Hotel Guest House at Nacharam, Hyderabad Division, Medak District as illegal and arbitrary. The petitioner was granted licence to run a hotel by the respondents in the year 2004 and an agreement was accordingly executed on 14.06.2004. However, before the possession was handed over, the licence was terminated by proceedings, dated 07.09.2004, of respondent No.2. Questioning the said order, the petitioner filed W.P.No.4668 of 2005. This Court by order, dated 21.03.2005, allowed the said writ petition with liberty to the respondents to act in accordance with the terms and conditions of licence. Subsequently, respondent No.2 passed a fresh order vide proceedings in Rc.No.TDC/M(AMC)/2005, dated 07.05.2005, whereby the petitioner’s licence was again terminated on the ground that the guest house is required for departmental purpose. Challenging the said order, the petitioner filed O.S.No.1450 of 2005 in the Court of the learned X Additional Senior Civil Judge, City Civil Court, (FTC), Hyderabad. The said suit was dismissed by judgment and decree, dated 03.07.2009. The said judgment and decree was questioned by way of an appeal, which was registered as A.S.No.304 of 2003 on the file of the learned II Additional Chief Judge, City Civil Court, Hyderabad. The said appeal is stated to be pending. In the meantime, the respondents have issued the impugned tender notification, whereby it has proposed to lease out the disputed property for running one restaurant block, two dormitories, four rooms and one toilet block. Questioning this tender notice, the petitioner filed the present writ petition. The main ground on which the writ petition is filed is that having terminated the licence of the petitioner on the ground that the respondents decided to run the guest house on their own and got the suit dismissed by raising such a plea, it is wholly arbitrary for the respondents to go back on the said stand and seek to lease out the property to a third-party. In the counter affidavit filed by the Vice-Chairman of respondent No.1-Corporation, it is inter alia stated that the Corporation has examined the issue, felt that as the guest house requires substantial investment towards repairs, which may attract adverse comments by the audit department, and has decided to lease out the property by way of auction. The respondents have also taken objection as to the maintainability of the writ petition on the ground that the appeal filed by the petitioner against the order of termination of licence is pending and that the petitioner cannot maintain parallel proceedings. In my opinion, as the very issue relating to termination of the petitioner’s licence is pending in appeal, it would have been appropriate for him to move an application in the pending appeal. The appellate Court, which is seized of the dispute, would be in a better position to appreciate the pleas that may be raised by the petitioner with regard to the action of the respondents in seeking to lease out the guest house. In this view of the matter, since the petitioner has an effective alternative remedy as indicated above, this Court is not inclined to adjudicate this writ petition on merits. Accordingly, the writ petition is disposed of without going into the merits of the case with liberty to the petitioner to seek appropriate relief in the pending appeal. As a sequel to disposal of the writ petition, interim order, dated 28.03.2011, shall stand vacated and W.P.M.P.No.1304 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 17th November, 2011 VGB