IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FIFTEENTH DAY OF APRIL, TWO THOUSAND TEN WRIT PETITION No.8394 of 2010 Between: H.S.Raghavendra. … Petitioner And The A.P.State Road Transport Corporation, Reptd., by its Managing Director, Hyderabad and others. … Respondents Counsel for the petitioner: Sri C.B.Rammohan Reddy. Counsel for the respondents: Sri C.Sunil Kumar Reddy. This Court made the following: ORDER:- The petitioner, who is an outgoing licensee in respect of a canteen at Kamareddy Bus Station, Nizamabad District, filed this Writ Petition for a Mandamus to direct the respondents to permit him to continue to run the canteen till tenders are finalized and fresh allotment is made in terms of Circular No.03/2008- OPD(C), dated 5-2-2008, issued by respondent No.1- Andhra Pradesh State Road Transport Corporation (for short “the Corporation”). I have heard Sri C.B.Rammohan Reddy, learned counsel for the petitioner, and Sri C.Sunil Kumar Reddy, learned Standing Counsel for the respondents. The petitioner’s license period is stated to have expired on 11-4-2010. According to the petitioner, the respondents have called for tenders for granting fresh license just before expiry of his license period, but the tender formalities are not yet finalized; and there is no likelihood of grant of fresh license in near future. Clause (1) of the said Circular, on which the petitioner has placed reliance, reads as under: “(1) The Regional Managers shall accord approval to the existing licensees of Canteens, Stalls, Space/Office accommodation, Cycle/Scooter stands etc., to continue the business (after expiry of the license period of six years or four years as the case may be), if they are willing, till such time the tenders are finalized and fresh allotment is made on the same terms and conditions of the original allotment/agreement”. Though the learned Standing Counsel for the Corporation relied upon Clause 4 of the said Circular - which says that the extension of license period temporarily shall be done only in exceptional cases - in my opinion, the said clause has no application to the present case as the same was envisaged in the context of instructing the Regional Managers to ensure that the canteens, stalls etc., are allotted through tenders and occupied by the new allottees before completion of the license period of the existing licensees. In the instant case, evidently the tenders were not finalized before the license period of the petitioner has expired. Therefore, in my opinion, Clause (1) of the Circular referred to above, is squarely attracted to the present case. In view of the same, the Writ Petition is disposed of with the direction to the respondents to permit the petitioner to run the canteen till tenders are finalized and fresh license is granted, on the same terms and conditions of the original allotment/agreement. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:15-4-2010 MNR