IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20113 of 2005 Between: Prabhaker G Hagde, S/o.Ganapathi Subry Hegde, R/o.C/o.Sweet House & Juice Stall, APSRTC Bus Stanad , Gadwal, Mahabubnagar district. ..... PETITIONER AND 1 The APSRTC, rep by Regional Manager, Mahabubnagar, Mahabubnagar District. 2 The Depot Manager, APSRTC, Bus Stand, Gadwal, Mahabubnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue order orders, direction or directions, writ or writs, particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in issuing the notice Vide APSRTC No.01/122(3)/2005-GDL, dt.2-9-2005, as illegal, arbitrary, against the terms and conditions of the contract and Violative of Article 19(i) (g) of the Constitution of India and consequently set aside the same and to pass such other orders as are necessary in the interest of justice. Counsel for the Petitioner: SRI K.L.N.SWAMY Counsel for the Respondents: The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20113 of 2005 ORDER: The petitioner was allotted a sweet stall in Andhra Pradesh State Road Transport Corporation (RTC) bus depot, Gadwal. He was issued licence on 13.04.2005 for a period of six years valid up to 12.04.2011. As per terms and conditions of licence a sweet stall owner is permitted to sell all kinds of sweet items and all types of savory (khara). It appears, petitioner started selling sweets and khara in readymade packets. The licensee of shop No.6, Bakery Stall, lodged a complaint about unauthorized business of the petitioner. Therefore, a notice was issued to the petitioner on 02.09.2005, which reads as under. A P S R T C Oﬃce of the Depot Manager, No.01/122(3)/2005-GDL Gadwal, Dated:02-09-2005. N O T I C E To Sri P.G.Hegde, Contractor, Sweet House & Juice Stall, GADWAL BUS STATION. Sub: CONTRACTS – Complaint against the Sweet House and Juice Stall allotted to you for unauthorized sale of Ready made in packings of all kinds of Khara – Notice issued – Regarding. Ref: Complaint of Sri Md.Kangal Sahib, Shop No.6, Bakery Stall contractor of Gadwal Bus Station, dated:22.7.2005. * * * * It is noticed that you are unauthorisedly selling of all kinds of Khara in ready made packets vide reference cited. You have not followed the terms and conditions contained in the Notification. You are hereby advised to sale of Sweets and Khara by weighing and not to sale of Sweets and Khara in ready made packets with immediate eﬀect otherwise action will be taken against you. Please acknowledge the receipt. Depot Manager, Gadwal. In this writ petition ﬁled assailing the said notice it is stated that the contract of licence does not prohibit sale of sweet and khara in readymade polythene covers, and therefore, the same is not in violation of conditions of licence. It is also contended that when a customer approaches for buying sweets and khara, necessarily, after weighing, they have to be delivered in covers for convenient carrying, and the same does not amount to any violation. The counter aﬃdavit is ﬁled by Law Oﬃcer. It is admitted that petitioner was allotted 6’ X 6’ stall in bus stand, Gadwal, for selling all kinds of sweets and khara. Licence was also issued to bakery stall contractor to sell biscuits, bread, khara, chips, cakes, jam and readymade baked food items and chocolates. However, after allotment, petitioner started selling khara and sweet items in packets, and therefore, notice was issued. The notice was issued to the petitioner not to sell sweet and khara items in packed form. If that be so, nothing prevents the petitioner to give a representation to the Depot Manager explaining his business particulars. In the absence of the contract before this Court it is not possible to interpret the clause or condition in the licence, which enables the petitioner to sell the sweet and khara in readymade packets. Therefore, petitioner is given liberty to approach Depot Manager and explain about his business. This, however, does not preclude the petitioner from selling sweet and khara as loose items. The Writ Petition, with the above observations, is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 06.11.2008 vs To 1 The APSRTC, rep by Regional Manager, Mahabubnagar, Mahabubnagar District. 2 The Depot Manager, APSRTC, Bus Stand, Gadwal, Mahabubnagar District. 3 2CCs to 4 2CD copies Form-NIC-OGS/WP{TRR}