Syyed Faisuddin vs State Of Telangana

This writ petition is filed praying to grant the following relief:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 and 3 in not

considering the representation of the Petitioner dated 23.06.2021 for continuing him as Contractor in respect of Dargah Hazrath Jahangir Peeran

(R.H) situated at Inmulnarva (V), Kothur Mandal, Ranga Reddy District for a further period of 6 months as illegal arbitrary and violative of Art.19

and 21 of the Constitution of India and the principles of natural justice and to pass such other order....â€​

Heard Sri Kiran Palakurthi, learned counsel for the petitioner, learned Government Pleader for Social Welfare appearing for respondent No.1 and

Sri Abu Akram, learned Standing Counsel appearing for respondents 2 to 4.

Petitioner was awarded contract for collection of 17 items of offerings in Dargah Hazrath Jahangir Peeran (R.H) for an amount of Rs.1,50,00,000/-

(Rupees One Crore Fifty Lakhs only). The period of contract awarded to petitioner expired on 11.08.2021.

Learned counsel for the petitioner submits that due to prevailing pandemic situation and the ban imposed on opening of Dargahs, there were no

visitors to the Dargah and therefore, petitioner has incurred huge loss. He further submits that even though fresh tender notification was floated, but

there was no response and as of now, no new contractor is selected. He therefore, submits that petitioner may be permitted to continue to work as

contractor for collecting 17 items of offerings given by the devotees for further period.

Learned Standing Counsel for the Wakf Board submits that even though tender notification was floated, but it is not finalized as there was no

response and agrees for continuing the petitioner, provided he accepts for increasing the tender value by atleast 15%.

Learned counsel for the petitioner submits that 15% may be on higher side and petitioner is willing to increase the volume of amount by 10%. The

amount collected in this manner is required to be utilised for providing amenities to the devotees who visit the Dargah. Therefore, I deem it reasonable

to direct the petitioner to pay 15% more than agreed amount for the previous contract period. Therefore, subject to petitioner paying 15% more than

the amount agreed for the previous contract period, the respondent-Board shall continue the services of petitioner as contractor till a new tender is

floated and a new contractor is selected. It is open to the petitioner to participate in the tender process as and when tender notification is issued.

With the above observations, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.