THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 26016 OF 2011 O R D E R : Learned Government Pleader for Medical, Health and Family Welfare has since obtained instructions from the Superintendent of Sarojini Devi Eye Hospital, Hyderabad. It is stated that tenders have already been called for, for running the canteen in the premises of the said hospital, on 13.09.2011 and the tender forms will be sold till 24.09.2011 and the tenders/bids will be received on 26.09.2011 and that it is likely that the matter will be finalized very soon. It is also pointed out that because the writ petitioner has earlier approached this Court by instituting Writ Petition No. 2705 of 2009, the issue of putting the canteen services to public auction could not be taken up. The said Writ Petition was dismissed by this Court only on 17.06.2011. I therefore, do not see any reason why the petitioner, who was granted the licence to run the canteen only for a period of two years in August 2007, should be allowed to continue any further i.e. till the tenders are finalized. As against the two year period, which was granted to him, he operated the canteen for more than four years. Therefore, equities are not available in favour of the petitioner and on the other hand, the Superintendent of Sarojini Devi Eye Hospital should be allowed freedom to finalize the tenders/bids at the earliest. If the petitioner were to be continued or allowed to be operating the canteen, it might even come in the way of the bidders offering reasonable amounts for the services. Further, when a bidder is secure that he will be immediately inducted into possession to enable him to operate the canteen, he will reasonably be certain in offering a realistic bid. Therefore, the balance of convenience lies only in favour of the hospital administration and against the petitioner. The Writ Petition is therefore, dismissed at the stage of admission. No costs. It is needless to observe that the petitioner can approach on any working day during the working hours of the hospital and seek the permission of the Superintendent to retrieve his personal belongings, under the supervision of Administrative Officer/Lay Secretary of the hospital. In the guise of removing his personal belongings, the petitioner shall not cause any damage or destruction to the property belonging to the government and he shall not remove any article or property belonging to the government in the process either. ---------------------------------------------- (NOOTY RAMAMOHANA RAO, J) 19th September 2011 ksld