The High Court · 2025

Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of Writ of Mandamus declaring the action of Respondents 3 & 4 in not vacating the premises admeasuring to an extent of 1600 Sq.yards or 1337-76 Sq. meters in Sy.No. 74 at Narsapuram Village, Gram Panchayat, Hanuman Nagar, Siddipet Ivlandal, Siddipet District, despite expiry of lease on 03.08.2023 as illegal, arbitrary, highhanded, apart being violative of Article 'l 4 and 300-4 of Constrtution of lndia and consequently to direct the Respondents 3 & 4 to Vacate the premises admeasuring to an extent of 1600 Sq.yards ot 1337-76 Sq. meters in Sy.No.74 at Narsapuram Village, Gram Panchayat, Hanuman Nagar, Siddipet [Vlandal, Siddipet District and pay the rents from 03lOBl2O23 to till date lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 3 and 4 to remove all structures, fixtures, underground tanks etc., from the retall outlet premises admeasuring to an extent of 1600 Sq.yards or 1337-76 Sq. meters in Sy.No. 74 at Narsapuram Village, Gram Panchayat, Hanuman Nagar, Siddipet [\,4andal, Medak District Counsel for the Petitioner: SRl. T. BALA MOHAN REDDY Counsel for the Respondent No.1: Dy. SOLICITOR GEN. OF INDIA Counsel for the Respondent Nos. 2to4: SRIDOMINIC FERNANDES, The Court made the following: ORDER SC FOR IOCL THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.824 of 2025 ORDER: Heard learned counsel for the petitioners and lcarned standing counsel appearing for respondent No.1 and Sri.Dominic Fernanrlcs, learned standing counsel for IOCL appearing for respondent Nos.2 to 4. With their consent, this writ petition is being taken up for disposal.

2. This writ petition is filed seeking the following Prayer:- " to dechre the action of tlrc Respondent Nos.2to 4 in not unuting tlrc premises ainteasuring to nn ertent oJ L600 Sq.Yds or 1337-76 square nrcters in Sy.No.74, situnted at Narsapurat Village, Grnm Panchayat, Hanurunn Nngnr, Siddipet Mnndnl, Siddipet Distict, despite expiry of lense ou 03.08.2023ts illegal, arbitrnry nnd consequently direct tlu Respondenl Nos.3 nnd 4 to ztncate premises admensuring to an ertent of 1600 Sq.Yds or 1337-76 square meters in Sy.No.74, situnted nt Narsnpuront Villnge, Grnm Pnnclmynt, Hannrunn Nngrr, Sidtlipet Mnndd, Siddipe t Dis trict...."

3. Brief facts stated in this writ pctition are that the petitioners claim to be the owners and possessors of proPerty admeasuring to an extent of 1600 Sq.Yds or 1337-76 square meters in Sy.No.74, situated at Narsapuram Village, Gram Panchayat, Hanuman Nagar, Siddipet Mandal, Siddipet District. The case of the petitioners is that the respondent Nos.3 ancl 4, have taken the subiect property on lease for a period of 18 years and the same was registered uide lease deed bearing document No.1377 of 2005 dated 19.02.2005. Later, respondent Nos.3 and 4 oide letterc dated 07.01.2023 and 04.08.2023, requested petitioners tq-renew the said lease for a further period and the petitioners aide letter dated 25.08.2023, stated that they are not interested in renewing thc 2 lease dated 79.02.2005 and requested respondent Nos.3 and 4 to vacate the subject premises. Thereafter, the petitioners issucd legal notice dated

21.02.2024 ancl informed rcspondent Nos.3 and 4 that the lease deed dated

19.02.2005 has bccn terminated by cfflux of time and called upon the responclcnt Nos.3 ar-rd ,1 to vacate the premises r,r,ithin a period of 15 days from the date of receipt of notice. However, respondent Nos.3 and 4 alleging it to bc statutory tenant, refused to vacate the subject premises. Aggrieved by the same, this writ petition is filed

4. Lcarnecl counsel for the petitioners submits that thc lcasc dated -19.02.2005, was for a period of 18 years and the same \ ras expired on

03.08.2023 and ir-r vier.r, of the non renewal of tl-re lease, the rcspondent Nos.3 and 4 ought to have vacated the subject premises and instead of doing the same, respondcnt Nos.3 and 4 are refusing to vacate the subjcct premises and are in unlawful possession of the sub.iect property. It is further subrnittcd that the petitioners arc intending to distribute the subject property to their children and are not tnterested in renewing the lease at any cost

5. Lcarned counsel for petitioners submits that in similar circumstances tlris Court in W.P.Nos.25779 and 18813 of 2024 dated 13.11.2024, has passed thc following orcler * ,{J lL "23,\V.P.Nos.25779 and 18813 of 2024 are allowed and disposed of by directirtg the respondents to vacate the subject prenises and hand over possession of the subject premises to the petitionct's within 4 weeks front 1 8. 1 1. 2024. 3

6. Learned counsel for the petitioners further prayed this Court to Pass similar order as passed in w.P.Nos.25779 and 18813 of 2024 dated 73.77.2024 and pray this Court to direct the respondent Nos 3 and 4 to lacate the subject premises in a time bound Period.

7. Learned standing counsel appearing for respondent Nos'3 ancl 4 pray this Court to pass apProPriate order

8. Recorcling the above submission made by learned counsel on either sicle, and in terms of order passed by this Court in W P Nos 25779 and 18813 of 2024 dated 13.71.2024, this Writ Petition is allowed directing respondent Nos.3 ancl 4 to vacate the subiect premises, as expeditiously as possible' preferably, within in period of tl-rree (3) months from the date of receipt of copy of this order. It is made clear that the respondent Nos 3 and 4 shall hand over the possession of the subject premises to the petitioners on or before 20"r0.2025

9. With the above directions, the Writ Petition is allon'ecl' Miscellaneous applications, if any pending, shall stand t]:::9 Ng o-rder as to costs That Rule Nisi has been made absolute as above Witness THE HON'BLETH E CHIEF JUSTICE SUJOY PAUL' M ONDAY,THE FOU RTEENTH DAY OF JULY TWO THOU SAND AND TWE NTY FIVE SD/. M. OSM AN ALt BAIG TANT REGISTRAR \ //TRUE COPY/i SECTION OFFICER To, ;ru;*-tirlift [,'e*$s*;+,''r,ru6:j$i$'r["]:il'",. ce \

3. tv/s. lndian Oil Corporation Limited, Office at. lndian Oil Bhavan, FatehBagh, Moosapet, Kukatpdlly lndustrial Estate, Hyderabad. Rep , by its Executive Director,

4. tt/li s. lndian Oil Corporation Limited, Represented by Retail Sales Head, Secunderabad Division office, lndian Oil Corporation Ltd, lndian Oil Bhavan, Fatehbagh, l\,4oosapet, Kukatpal ly I nd ustria I Estate, Hyderabad. 5. One CClo SRl. T. BALA MOHAN REDDY, Advocate IOPUCI 6. One CC to Dy. SOLICITOR GEN. OF INDIA [OPUC] T One CC to SRl. DOIVINIC FERNANDES SC FOR IOCL [OPUC] 8. Two CD Copies BIM GJP t \ HIGH COURT DATED:1 410712025 ( I I ORDER WP.No.824 of 2O25 B.."Ale { U 22 [uB 2$6 ( ,k i) .1.. :). ALLOWING THE WRIT PETITION WITHOUT COSTS t I Ic