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3. The Andhra Pradesh State Road Transport Corporation issued a notification dated 4-12-1998 inviting sealed tenders from the interested persons to do their business in the specified stalls/areas/canteens in the bus station in Khammam District. The allotment of stalls/space/canteen as the case may be is by way of licence for the specified period. The petitioner submitted his sealed tender pursuant to the said notification in respect of shop No.28 situated in bus station at Khammam. In the notification itself, thenature of the business is indicated as for doing any lawful business. The petitioner happen to be the highest bidder agreeing to offer a sum of Rs.15,555/- per month as the licence fee. The licence was accordingly granted in favour of the petitioner for a period commencing from 1-3-1999 to 28-2-2002.

4. The first respondent by proceedings dated 8-2-1999 informed the petitioner accepting the licence fee offered by the petitioner at Rs.15,555/- per month for running pan/general/confectionary stall in shop No.28 at Khammam bus station. The petitioner was accordingly directed to pay security deposit equivalent to six months licence fee and one month advance licence fee by 28-2-1999. The petitioner was also directed to enter into an agreement with Regional Manager, Khammam APSRTC on or before 28-2-1999. Thereafter an agreement was entered into by the petitioner and the respondent-corporation and a licence-deed was executed on 15-2-1999.

5. The second respondent herein by notice dated 23-2-1999 advised the petitioner to sell only the permitted items as per the terms and conditions and remove all unauthorised items from the shop immediately. It is the case of the respondent-corporation that as per the terms and conditions of the agreement, the petitioner is entitled to sell only pan, general and confectionary items. But whereas the petitioner was doing all types of business and was selling cool drinks also. The petitioner was put once again on notice on 30-4-1999 by the first respondent herein requiring him not to sell unauthorised items in the'stall in question. The petitioner sent his reply on 31-5-1999 stating that along with the pan shop, cool drinks were also sold as demanded by the general public. According to the petitioner, his brother D. Venkateshwarlu and his father B. Seetharamaiah constitute Joint Hindu Family and there are no differences inbetween them and his father and brother are also licence holders of their respective shops and with mutual consent the licensed items were being sold as per their convenience. The first respondent herein through the proceedings dated 29-6-1999 required the petitioner to show-cause as to why the licence granted to him should not be terminated for violating the terms of agreement and for selling unauthorised items in stall No.28 in Khammam Bus Station. The petitioner was specifically put on notice .stating that as per clause 2 of the agreement, the licence is for running a pan, general and confectionary items in shop No.28 at Khammam bus station. But the petitioner was found selling cool drinks and fancy items unauthorisedly even after serving of two notices requiring the petitioner not to sell such items. The petitioner again submitted his reply on 1-9-1999 inter alia denying the allegations made against him. The first respondent herein through the proceedings dated 5-10-1999 after considering the objections as well as the explanation of the petitioner terminated the licence on the ground that the petitioner had violated the terms of agreement by selling unauthorised items in the said stall. It is the said proceedings which is challenged in this writ petitions on various grounds.

31. The question as to the maintainability of the present writ petitions have to be viewed in the background of aforementioned settled legal position.

32. The deed of licence dated 15-2-1999 entered between the A.P. State RoadTransport Corporation and the petilioners herein contains various terms and conditions in which it is inter alia agreed that the licence is for running a pan, general and confectionary at Khammam bus station and the licensee shall sell in the stall/canteen, the items approved by the licensor. It inter alia provides that the licence shall be terminable with a three months advance notice on either side, however no licence shall be terminable within one year except in for default in payment of licence fee in which case the licence can be terminated with a month's notice etc. It also provides that the licensee shall not carry or through others any business for which a separate tender lias been called in the premises of the Bus Station, Khammam. It is also provided that for violation of various terms and conditions of the agreement the licence shall be cancelled duly forfeiting the security deposit. It also provides that in the disputes in the scope and doubts or interpretation of the clauses or conditions and application of this licence or otherwise, the decision and application of this licence or otherwise, the decision of the Managing Director, APSRTC, shall be final.