HONOURABLE THE ACTING CHIEF JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 699 OF 2011 Between: Shaik Abdul Jabbar S/o Shaikabdul Raheem ………….Appellant AND The Secunderabad Cantonment Board, represented by its Chief Executive Officer, Secunderabad. ………….Respondent JUDGMENT : (Per the Honourable the Acting Chief Justice GHULAM MOHAMMED) This Writ Appeal is preferred against an interlocutory order dated 27.7.2011 passed by the learned Single Judge in W.P.M.P.No. 25498 of 2011 in W.P.No. 20956 of 2011. The writ petitioner is the appellant. He was granted a lease by the respondent-Cantonment Board for collection of toll tax in the Cantonment area for a period of one year commencing from 5th February 2011 to 4th February 2012. The writ petition is directed against the orders passed on 23.7.2011 by the respondent-Cantonment Board terminating the aforementioned lease. Prior to passing the impugned order, the respondent- Cantonment Board has issued a show cause notice on 4.6.2011 calling upon the petitioner to explain why the collection rights of toll tax granted to him be not terminated for the alleged acts of overcharging. The petitioner has in response, submitted a detailed explanation on 13.6.2011. Not satisfied by the same, the impugned order of termination has been passed. As seen from the record nearly about 40 penalty orders were passed from time to time against the appellant herein for the alleged breach of terms of the contract. It is noticed by the learned Single Judge that the petitioner has not disputed the allegation of over charging and he is also not paying the penalty imposed against him. The learned Single Judge has also perused the record placed by the learned Standing Counsel, containing the findings in the surprise checks carried out by the officials of the respondent at various check posts established for the purpose of collection of the toll tax. The learned Single Judge has therefore found that the balance of convenience does not lie in favour of writ petitioner- appellant, for suspending the orders of termination of the collection rights of toll tax awarded to the petitioner by the respondent- Cantonment Board. We have heard Sri B. Adinarayana Rao, learned counsel appearing for the appellant as well as Sri Y. V. Ravi Prasad, learned Standing Counsel appearing for the respondent- Cantonment Board. It is no doubt true that the petitioner was required to deposit a huge sum of Rs. 47,00,000/- each month towards licence fee to the respondent-Cantonment Board. But however, the petitioner- appellant has not disputed the correctness or otherwise of the penalty orders imposed by the respondent-Cantonment Board on so many occasions, and in such circumstances it would be difficult to construe that orders of termination of licence granted in his favour as an arbitrary act on the part of the respondent- Cantonment Board. However, we do not wish to pronounce at this stage any opinion on merits of the dispute between the parties, inasmuch as the writ petition is still pending adjudication, and expression of any opinion at this stage, is likely to have some impact upon the main matter. We however, direct that the Writ Petition should be heard an out of turn basis in view of the fact that the respondent-Cantonment Board has already initiated steps by inviting tenders for awarding the same right as was awarded to the writ petitioner earlier. Therefore, before any third party interest creeps in, we must necessarily ensure that the Writ Petition is decided. For that purpose, we consider it appropriate to direct that the Writ Petition be listed for final hearing an out of turn basis on 28.11.2011 and by that time pleadings must be completed. Hence, we do not wish to interfere with the discretion exercised by the learned Single Judge and dismiss the Writ Appeal. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, HACJ _________________________________ NOOTY RAMAMOHANA RAO, J 10th NOVEMBER, 2011 K. AMMAJI ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.