Lingala Satish vs. The State Of Telangana

WP/1914/2023HC TelanganaGSTCNR HBHC01003563202331 January 2023Bench: MUMMINENI SUDHEER KUMAR7 pages
AI SummaryDismissed

Facts

The petitioner was granted a license to maintain the Central Vehicle Parking at the downhill of the Sri Lakshmi Narasimha Swamy Vari Devasthanam Temple, Yadagirigutta, after succeeding in a tender process for Rs. 1,51,00,000/- (excluding GST). The tender notice indicated that vehicles would not be allowed to the uphill. However, the respondent-Temple subsequently issued a proceeding allowing vehicles to the uphill for a fee of Rs. 500/- per vehicle for the first hour and Rs. 100/- per hour thereafter. The petitioner contended that this action diverted income from the Central Vehicle Parking area, prejudicing their interests and making them unable to pay the license amount. The petitioner sought a direction to prevent the respondent-Temple from interfering with their parking maintenance and to declare the uphill collection illegal.

Held

The Court held that the tender notice was specifically for the Central Vehicle Parking at a designated downhill location and did not cover parking on the uphill. While the respondent-Temple may have initially decided not to allow vehicles to the uphill, this decision was subsequently changed due to changed circumstances. The Court found that the respondent-Temple's action of allowing vehicles to the uphill did not directly violate any tender condition granted to the petitioner. Even if it were considered a breach of contract, the Court stated that such a breach and its consequences could not be adjudicated under Article 226 of the Constitution of India. The petitioner was advised to initiate appropriate proceedings before a competent court to safeguard their interests or recover damages if any were suffered. The Court found no established damage or breach of license conditions to grant the relief sought in the writ petition.

Key Issues

1. Whether the action of the 3rd respondent (Executive Officer, Temple) in allowing vehicles to the uphill parking and collecting fees, thereby diverting income from the petitioner's licensed downhill parking area, constitutes a breach of the tender conditions and a violation of the petitioner's rights under Article 14, 16, and 21 of the Constitution of India? Petitioner's Arguments: The petitioner argued that the respondent-Temple committed a breach of the license conditions by allowing vehicles to the uphill and collecting fees, which directly impacted the petitioner's expected income from the Central Vehicle Parking. This diversion of income prejudiced the petitioner, preventing them from fulfilling their license obligations. The petitioner sought a declaration that the uphill collection was illegal and arbitrary and requested the court to direct the respondent not to interfere with their peaceful maintenance of the Central Parking Tender. Revenue/State's Arguments: The judgment does not explicitly record arguments from the respondents. However, the Court's reasoning suggests that the respondents likely contended that the uphill parking was not part of the tender granted to the petitioner and that any dispute regarding breach of contract could not be adjudicated under Article 226.

AI-generated summary — verify with the full judgment below

[ 3256 ] HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) TUE AY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WR]T PETITION NO: 1914 OF 2023 Between: AND 1. !1ng.qlg S_a!!slr, .S/o: Yelaiah, aged about 45 years, Occ: Business, Rl/o H.No.3_ 131 l1lA, BC Colony, Yadagiritutta, Yadadri-Bhbngiri District. ...PETITIONER 2 3 The State of Telangana, Rep. by its Principal Secretary. Endowments Department, Secretariat Building, Secretaiiat, Hyderadad.

The Commissioner, Endowments Department, Telangana State, Hyderabad.

The Executive Officer, Sri Lakshmi Narasimha Swamy - Vari Devasthanam Temple, Yadagirigutta, Yadari-Bhongiri District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in interfering into the peaceful maintenance of Central Parking Tender at Lakshmi Narasimha Swamy Vari Devasthanam Temple, Yadagirigutta, Yadadri-B

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.