HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.29004 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondent in threatening the petitioner of demolition of complex at Railway station, Tenali without following the terms of contract, without issuing any notice and without following due process of law is illegal, arbitrary and contrary to principles of natural justice and consequently direct the respondent to take action by following due process of law. 2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent. 3. It is stated that the respondent by virtue of proceeding No.1202/2006/E3, dated 10.5.2007, issued orders approving the representation of the petitioner firm for construction and maintenance of modern toilets complex on BOT basis at five places falling under Tenali Municipality area, that in terms of sanction given by the respondent, the petitioner constructed the complex at five places by spending Rs.4,50,000/- for each complex in the year 2007, and has been maintaining the same without any complaints from any quarters, that as per the terms of the agreement entered between the petitioner and the respondent, the period of allotment is for 20 years and a condition is also imposed that in the event of termination, a prior notice of three months’ has to be issued and in such a case the expenditure if any incurred shall be reimbursed. 4. The learned counsel for the petitioner contended that without issuing any notice, the officials of respondent corporation are trying to demolish the complex constructed by the petitioner and hence he prays to allow the writ petition. 5. On the other hand, the learned standing counsel for the respondent contended that the complex is causing obstruction to the general public and therefore, the respondent is trying to acquire the same for the purpose of road widening and the petitioner is entitled to the compensation in accordance with the rules and regulations framed under relevant laws and hence he prays to dismiss the same. 6. No doubt, the respondent corporation has allotted on build, operate and transfer basis to the petitioner for a period of 20 years for running Sulab Complex by entering into an agreement dated 4.6.2007. In pursuance of the same, the petitioner has incurred a sum of Rs.4,50,000/-, for constructing the said complex in the year 2007. One of the terms and conditions of the agreement provides for termination of contract after giving three months’ prior notice to the petitioner and thereafter if there is any demolition of structures, the expenditure incurred by the petitioner shall be reimbursed to him. Therefore, the respondent has to follow the due procedure for removal of the Sulab Complex for the purpose of road widening and in such case, the petitioner is entitled to the compensation in terms of the agreement. The respondent corporation shall follow the conditions laid down in the agreement entered into between the petitioner and the respondent and the respondent shall take a suitable decision in the matter in accordance with law. 7. With the above observations, the Writ Petition is disposed of. No order as to costs. _______________ K.C.BHANU,J. 29.10.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.29004 OF 2011 Date:29.10.2011 Gk.