KOUSHIK GROUP Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Ms. Jyothi Eswar Gogineni, learned counsel for the appellant and Mr. N.Praveen Reddy, learned Standing Counsel for Telangana State Road Transport Corporation (TSRTC) appearing for respondents No.2 and 3.

(2.) This writ appeal has been preferred against the order dtd. 19/5/2022 passed by the learned Single Judge dismissing W.P.No.27097 of 2021 filed by the appellant as the writ petitioner.

(3.) Appellant had filed the related writ petition taking exception to the proceedings dtd. 11/10/2021 terminating the contract granted by respondents No.2 and 3 to the appellant for display of advertisements on stall side pillars in Mahatma Gandhi Bus Station and display of advertisements through fixation of backlit boards and platform destination boards on platform pillars in the said bus station. According to the appellant, following the tender process, appellant emerged as the successful bidder and was awarded the above contract for a period of five years from 1/7/2017 to 30/6/2022. Appellant entered into agreements with respondent No.2 on 27/10/2017 and 30/10/2017 respectively. During the contract period employees of respondents No.2 and 3 went on a strike from 5/10/2019 to 25/11/2019. As a result, not a single bus operated during that period. Further, because of the lockdown imposed on account of COVID-19 pandemic, transport operations came to a halt from 22/3/2020. This also affected the contract of the appellant. Notwithstanding the same, respondents No.2 and 3 had issued notice to the appellant demanding payment of licence fee from October, 2019 to January, 2020 and again from March, 2020 to August, 2021. Appellant submitted representations contending that licence fee could not have been levied for the strike period and also because of the pandemic and resultant lockdown for which there was no transport service for the said period affecting the contract of the appellant. However, respondent No.2 vide letter dtd. 23/9/2021 had informed the appellant that its request for waiver of licence fee for the strike period from 5/10/2019 to 25/11/2019 was rejected. Insofar the dues for COVID-19 period, it was mentioned that Government was seized of the matter; once the Government takes a decision regarding licence fee payable during the COVID-19 period, the same would be implemented; if any exemption/concession is given by the Government, the licence fee so paid would be adjusted against future payable amount. Appellant's request to respondent No.2 to await decision of the Government was not considered. Instead, impugned proceedings were issued.