Bandarapu Bapu vs. M/S Singareni Collieries Company Iimited

Facts

The petitioner, a license holder of Stall No. 34 at MGBS, Hyderabad, filed a writ petition challenging the termination order dated 27.05.2022 issued by the Divisional Manager, Telangana State Road Transport Corporation (TSRTC). This termination occurred without prior notice. Previously, the petitioner was part of Writ Petition No. 20058 of 2022, where an order dated 21.04.2022 directed payment of 50% of the license fee for January 2022 and GST for the same period within four months. The petitioner claimed to have paid the full license fee for January 2022 and sought adjustment of the excess payment towards March 2022 dues. The respondent contended that the petitioner had not complied with the previous court order, having paid only half the license fee for March 2022 and outstanding amounts for GST, maintenance, and electricity.

Held

The Court held that the termination order dated 27.05.2022 passed by the respondent No.2 is set aside. The Court found that the petitioner had paid the entire license fee for January 2022, and as per the previous order, only 50% was due. Adjusting this excess payment towards the March 2022 license fee meant there was no outstanding license fee for March. While the petitioner did owe amounts for maintenance, electricity, water charges, and GST for January to March 2022, the petitioner fairly stated willingness to pay these dues. The Court directed the petitioner to clear the outstanding amounts of approximately Rs. 95,000/- for water, electricity, maintenance, and GST for January to March 2022 within two weeks. Additionally, the petitioner must pay Rs. 1,752/- for April 2022 and the full license fee with other charges for May 2022 within four weeks thereafter. Future payments are to be made as per the agreement. The Court expressly left undecided the broader implications of the previous court order regarding GST payments beyond the specified period.

Key Issues

1. Whether the termination order dated 27.05.2022, issued by the Divisional Manager, TSRTC, is contrary to the order dated 21.04.2022 passed by this Court in I.A.No.1 of 2022 in Writ Petition No. 20058 of 2022 and violates the principles of natural justice. Petitioner's arguments: The petitioner argued that they had paid the entire license fee for January 2022, which was more than the 50% stipulated by the court order. They contended that this excess should be adjusted towards the March 2022 license fee. The termination order was passed without notice or hearing, despite a representation for adjustment of dues, making it illegal and opposed to natural justice. Respondents' arguments: The respondents argued that the petitioner failed to comply with the court's previous order by paying only half the license fee for March 2022 and not clearing other charges like GST, maintenance, and electricity. They asserted that even with adjustments, the petitioner owed approximately Rs. 95,000/- towards these charges for January to March 2022, and further amounts for April and May 2022.