Telangana High Court
M/S S.S. Valmiki Samaj Seva Society vs The Union Of India on 3 September, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.26077 OF 2025
ORDER:
The petitioner has filed this Writ Petition challenging the action of respondent No.2 in terminating its contract for maintenance of public toilets at Yakutpura Railway Station under Build Operate Transfer (BOT) scheme, through proceedings bearing No.Y/C.611/Pay & Usec/BOT-YKA/2019-20, dated 25.08.2025.
2. Heard Sri Aadesh Varma, learned counsel for the petitioner and Sri Angothu Nehru, learned Standing Counsel for the Central Government, for the respondents.
3. Learned counsel for the petitioner submits that the original contract was awarded to the petitioner for a period of five years from 01.09.2020 to 31.08.2025. The petitioner, on 21.03.2025 and 25.06.2025 has submitted representations requesting to renew its contract for a further period of five years but the respondents have not considered the same and terminated the petitioner's contract vide proceedings dated 25.08.2025. He submits that the said termination of petitioner's contract is illegal, arbitrary, and in violation of the principles of natural justice. He further submits that the said action of the respondents is contrary to the fundamental rights guaranteed under Articles 14, 19, and 300-A of the 2 Constitution of India. Hence, the petitioner seeks quashing of the said termination order and permission to continue with the contract.
4. Learned Standing Counsel for the respondents, based on written instructions dated 02.09.2025, submits that the original contract was awarded to the petitioner for a period of five years from 01.09.2020 to 31.08.2025 on BOT basis, with an annual license fee and escalation clause. Upon receipt of a renewal request, the competent authority sought clarification from the concerned department regarding the feasibility of renewal in light of ongoing station development works. In reply, it was informed that the existing BOT toilet structure is obstructing the development of the circulating area and parking sheds, as per the approved master plan under the Amrit Bharat Station Scheme, and therefore needs to be dismantled. He submits that as per the terms of the Memorandum of Understanding (MOU), specifically clause 2(a), renewal is not automatic and is subject to satisfactory performance and the discretion of the railway administration. He submits that clause 2(h) and clause "Sanitation and Water Supply", point (xii) of the said MOU, provide that the structure may be removed whenever ordered and that the contract may be terminated at any point of time without any notice. As such, the proposal for renewal has not been agreed to by the competent authority due to the planned developmental works at the station.
3
5. In the light of the aforesaid submissions and the instructions placed before the Court, the prayer sought for in the Writ Petition cannot be granted and accordingly, the same is closed. However, liberty is granted to the petitioner to submit a fresh representation to the respondents, which may be considered by the respondents in accordance with law in case of any change of circumstances, if applicable. No costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ NAGESH BHEEMAPAKA,J Date:03.09.2025 myk