THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18091 OF 2011 DATED: 24.08.2011 Between: Swamy Vivekananda Social Welfare Association, Exhibition, RTC Bus Stand, Cuddapah, YSR District, Rep. by its Authorized Lessee B.Balanjaneyulu … Petitioner And The APSRTC, rep. by its Managing Director, Bus Building, RTC Cross road, Hyderabad and another. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18091 OF 2011 ORDER : The petitioner herein was awarded a licence by the Andhra Pradesh State Road Transport Corporation (APSRTC) to run the exhibition in the open space of Ac.2-05 situated in the Eastern side of Kadapa Bus-station for a period of 3 months i.e., from 4.4.2011 to 3.7.2011. Pursuant thereto, Agreement of Licence dated 30.03.2011 was executed between the parties. As per the terms and conditions agreed upon, the period of licence is from 4.4.2011 to 3.7.2011 and the licence fee payable is Rs.1,10,000/- per month. In the agreement of licence itself, it was acknowledged that the petitioner/licensee had paid Rs.4,40,000/- towards rents in advance for a period of 3 months together with Rs.1,10,000/- towards security deposit. Admittedly the possession of the said land was handed over to the petitioner before commencement of period of licence. However the petitioner could not commence his business from the dates specified in the licence on account of the delay in grant of permission from the Departments of Police, Fire and Municipality which are mandatory for conducting the trade fair/exhibition and it is stated that he lost a month’s time out of the period of licence. While bringing the said fact to the notice of the Corporation by his representation dated 17.6.2011 the petitioner requested the respondents to extend the period of licence free of rent. Alleging that the respondents failed to consider his representation, dated 17.6.2011, the present writ petition has been filed seeking a declaration that the action of the respondents is arbitrary and illegal. This Court while directing notice by order dated 1.7.2011 directed the respondents not to interfere with the petitioner’s exhibition in Kadapa Bus-station ground. In the counter-affidavit filed on behalf of the respondents, it is contended that having considered the petitioner’s representation by letter dated 14.7.2011 the Chief Commercial Manager informed that the petitioner’s request for extension of the statutory period beyond 3.7.2011 is rejected. I have heard the learned counsel for both the parties. Admittedly the period of licence expired on 3.7.2011. It is also not disputed before this court that though the possession of the ground was handed over to the petitioner prior to the commencement of the licence period, the petitioner could not commence the exhibition for want of necessary permissions from the other Departments. However the Corporation cannot be made responsible for the delay that had occurred in obtaining the said permissions. Though Clause (7) of the Agreement of Licence provided that the petitioner shall submit the necessary permissions for conducting exhibition from required departments i.e., Municipal Corporation, Police, Fire and other Departments, there was nothing in the agreement which entitles the petitioner to claim extension. In the circumstances, the petitioner cannot seek extension of period of licence without payment of rentals. The learned counsel for the Corporation fairly submitted that in case the stipulated monthly rents are paid, the Corporation has no objection for granting the extension. Even, according to the petitioner, he could not operate the exhibition more than a month i.e., from 4.4.2011 to 14.5.2011. Since the delay in commencing the exhibition cannot be attributed to the Corporation, the petitioner is not justified in seeking extension free of rents. However, there cannot be any objection for the Corporation to extend the period of licence on payment of the stipulated rents. Accordingly, the order dated 14.7.2011 is hereby set aside and the Writ Petition is disposed of with a direction to the respondents to reconsider the petitioner’s request for extension of period of licence and pass appropriate orders afresh provided the petitioner is willing for payment of stipulated rents for the period of extension. It is made clear that on expiry of such extended period of licence, the security deposit furnished by the petitioner shall be refunded in terms of the Deed of Licence, dated 30.03.2011. Writ Petition is accordingly disposed of. No costs. _______________ G. ROHINI, J. Dt. 24.08.2011 gbs