1 WP 6437/2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6437 OF 2008 Aasef Khan Subhan Khan Pathan ... Petitioner Versus The Maharashtra State Road Transport Corporation Through its Divisional Controller, Aurangabad & Others. ... Respondents. ------- Shri. J.R. Shaikh, Advocate for the petitioner. Smt. Ranjana D Reddy, Advocate for respondents Nos.1 and 2. Shri. Umakant K. Patil, Assistant Government Pleader, for respondents Nos.3 and 4. ------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 16th JULY 2009 PER COURT : 1) Heard. 2) Learned counsel appearing for the petitioner has placed reliance on (1) M/s. UNI- ADS Pvt. Ltd. vs. The Commissioner, AIR 1999 AP 278; and, (2) The Gujarat State Financial Corporation v. M/s. Lotus Hotels Pvt. Ltd. AIR 2 WP 6437/2008 1983 SC 848 and submitted that the Corporation cannot pick and choose persons of their convenience. The petitioner was given a contract for running a tea stall. According to the petitioner, an agreement was executed in the year 2008 for three years. The petitioner has deposited the fees. The petitioner's contention is that there are certain encroachments around the place which was to be utilized by the petitioner. The petitioner made several requests to the officers of the MSRTC to remove the encroachment so that he could run his business. As the encroachments were not removed by the Corporation, the petitioner has approached this Court. 3) Affidavit-in-reply is filed by the Corporation. 4) We have perused the judgments cited supra by the learned counsel for the petitioner. 3 WP 6437/2008 5) The relations between the parties are of contractual nature. In exercise of extra ordinary jurisdiction under Article 226 of the Constitution no interference is called for. The petitioner may resort to appropriate alternate remedies. 6) The writ petition is dismissed. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ wp.6437.08