LAWS(TLNG)-2020-9-184

MD. GOUSE PASHA Vs. STATE OF TELANGANA

Decided On September 02, 2020
Md. Gouse Pasha Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Writ Petition is filed seeking a direction to the respondents' Corporation to revoke the show-cause notice issued for payment of dues during the lockdown the period and to waive off the amount to be paid for the months of March, 2020 to July, 2020.

(2.) Mr. Umesh Chandra P.V.G., learned counsel for the petitioner, would submit that the petitioner has participated in the tenders issued by the respondents' Corporation and stood as successful bidder in respect of Stall at Jangaon Bus Station under Jangaon Depot for running a Super Market business. Accordingly, a deed of license was entered into between him and the respondents' Corporation on 31.01.2020. The agreement period is for five (05) years commencing from 01.02.2020 to 31.01.2025, and the license fee is Rs.1,18,116/- per month, which excludes electricity and water charges, maintenance charges and GST etc.

(3.) He would further submit that due to lockdown restrictions imposed by both the Central and State Governments due to COVID-19 pandemic situation, the petitioner could not run his business and, therefore, he could not pay the license fee to the respondents' Corporation from March, 2020. The Divisional Manager of respondents' Corporation has issued a show-cause notice dated 15.07.2020 by invoking Clause 20 (a) of the agreement and directed the petitioner to pay the license fee for the period from March, 2020 to June, 2020 within a period of one week. It is also mentioned in the show-cause notice that in the event of failure on the part of petitioner to pay license fee amount, the license would be terminated.