IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12233 of 2008 Between: Ch. Narasaiah S/o Sri Ch. Yadgiri r/o H. No. C-7/3, ESI Staff Quarters, S.r. nagar, Hyderabad. ..... PETITIONER AND 1 The Regional manager, APSRTC., Ranga Reddy Region, Mahatam Gandhi Bus station, Hyderabad. 2 Andhra Pradesh State Road Transport Corporation, rep by Regional Manager. .....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 grant an order, direction or Writ, more so in the nature of Writ of Mandamus, declaring the action of the respondents in calling for tenders for tenders for stall vide tender notification P3/122(54)/2008- RR dated 31-5-2008 in relation to stall No. 45 in MahatmaGandhi Bus Station for establishing of Water kiosk and subsequent conduct of the public auciton on 11-6-2008 as arbitrary and illegal and ciolative of Articles 14 and 19 of the Constitution of India and legitimate expectation of the petitioenr and consequently set a side the kiosk for the purpose of establishment of water kiosk to any other person and pass such other order or orders. Counsel for the Petitioner:MR.R.RAGHUNANDAN Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following: Form-NIC-OGS/WP{TRT} THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.12233 of 2008 ORDER: It is the case of the petitioner that he was granted a licence to run Tea, Coffee, Brewerage and mineral water in Stall No.39 of Mahatma Gandhi Bus Station for a period of three years on payment of licence fee of Rs.21,786/- per month, vide Agreement dated 25.11.2002 and the period of agreement was extended from time to time subject to payment of enhanced rents. It is stated that as per the agreement entered into between the parties, no other stall would be allowed to vend Tea, Coffee, Brewerage and mineral water. It is stated that the respondents have issued notification, calling upon tenders for allotment of water kiosks in Stall No.45 which is abutting to the stall of the petitioner. It is stated that if any other stall is allowed to allot water kiosks, abutting to the stall of the petitioner, the business of the petitioner will affect and therefore, he seeks to issue a Writ of Mandamus to declare the action of the respondents calling upon tenders by notification dated 31.05.2008 in relation to stall No.45 in Mahatma Gandhi Bus Stand for establishing water kiosk, as illegal and arbitrary. A perusal of the Condition No.8 of the Tender Notification, pursuant to which the petitioner became the licence holder to sell the Tea, Coffee, Brewerage and mineral water goes to show that allotment of Canteen, Stalls/Shops etc. shall be on non-exclusive i.e. the Corporation shall have right to grant licence to more than one licencee to do same type of business in the same premises of Mahatma Gandhi Bus Station commercial complex. I am of the opinion that there was no any assurance that had been given that similar stall would not be established in the same premises, and therefore, it cannot be said that there was a clear belief and faith that no other similar stall would be allowed to vend Tea, Coffee, Brewerage and mineral water. In view of the aforesaid facts, I am of the opinion that no right of the petitioner has been affected by issuing the present tender notification by the respondent Corporation calling upon tenders for allotment of water Kiosks. I do not find any merits in the present writ petition. The Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 13.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional manager, APSRTC., Ranga Reddy Region, Mahatam Gandhi Bus station, Hyderabad. 2 Andhra Pradesh State Road Transport Corporation, rep by Regional Manager. 3.2CCs to 4.2CD copies