High Court · 2025

1. Mujeebuddin Khan, S/o. Sri Ahmed Mohiuddin Khan,-Age9 gpoql S3^vears, Oc6. Partner RK Filling Station, Fl/ o. H.No. 19-3-1089/A/90, Madina Colony, Hyderabad.

2. Mirza Mustafa Ali Baig, S/o. Mirza Mohammed Ali Baig, Aged about 39 years, Occ. Partner, RK Filling Station, Rl/o. H.No. 19-3-201 , Jahanuma, Hyderabad. ,..PETITIONERS AND 1 The Union of lndia, Rep.by its Under Secretary - Petroleum and Natural Gas, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi. The Chief Controller of Explosives, Petroleum and Explosives Safety Organization, CGO Complex, Kavadiguda, Secunderabad- 500080. The District Civil Supplies Officer, Hyderabad District, Telangana. M/s. lndian Oil Corporation Limited, Represented by its Executive Director, Office at. lndian Oil Bhavan, Fateh Bagh, Moosapet, Kukatpally lndustrial Estate, Sanathnagar Hyderabad- 500 018. The Chief General Manager (Operations), M/s. lndian Oil Corporation Limited, Telanoana and Andhra Pradesh State Office, lndian Oil Bhavan, Fateh Bagh, Moosipet, Kukatpally Industrial Estate, Sanathnagar Hyderabad- 500 018. The Divisional Retail Sales Head, Telangana and Andhra Pradesh State Office, lndian Oil Bhavan, Fateh Bagh, Moosapet, Kukatpally lndustrial Estate, Sanathnagar Hyderabad- 500 018 The Commissioner of Police Hyderabad, Office at Road No.12, Banjarahills, Hyderabad' Telangana - 50oo24' ...RES'.NDENTS 2 3 4 5 6 7 Petition under Article 226 ot lhe 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 l\/andamus declaring the action of the respondent No. 2lo 7 in not considering the representation/ notrces of the petitioners dated 20.os.202s 86 22.0s.2c22 and respondent No. 4 to 6 ln not vacating the premises bearing Door No. 1g-2-S7gt2, admeasuring to an extent of 1 100 Sq.yards situated at Falaknuma, Hyderabad, despite expiry of lease on 31 .o5.2025 and continuing to run the retail ouflet over the said property without lawful possession as, iltegal, arbitrary, highhand:d part form being violative of article 14 and 300-A of constitution of lnd a and consequently to direct the respondent No. 4 to 6 to vacate the premises trearing Door ii,lo. 18-2-578t2, admeasuring to an extent of 1100 Sq.yards situated at Falaknuma, Hyderabad and handover the peaceful possession of the premises to petitioners. IA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances st?ted in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.4 to 6 to remove all structures, fixtures and underlyround tanks from the premises bearing Door No.1B-2-s7\t 2, admeasuring to an extent of 1100 Sq.yards situerted at Falaknuma, Hyderabad, pending disposal of the above writ petition. lA NO: 2 OF 2025 Petition under Section 151 cPC praying that in the circumstances st:rted in the affidavit filed in sullport of the petition, the High Court may be plea:;ed to direct the respondent l\o.2 to cancel the explosive license and other permits issued in favour of respondent No.4 to 6 for storage and sale of petroleum products in premises b,-'aring Door No.1B-2-57812, admeasuring to an exlent of 1100 Sq.yards situated at Falaknuma, Hyderabad, pending disposal of the above writ petition. lA NO: 4 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 pl...ased pleased to direct the respondent No.4 to 6 to remove all structures, fixtures and underground tanks from the premises bearing Door No.1B-2-57812, admear;uring 7 to an extent of 1100 Sq.yards situated at Falaknuma, Hyderabad, pending disposal of the above writ petition. lA NO: 3 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 respondent No.7 to cancel the No Objection Certificate issued in favour of respondent No.4 to 6 under Petroleum Act for storage and sale of petroleum products in premises bearing Door No.1B-2-57812, admeasuring to an extent of 1100 Sq.yards situated at Falaknuma, Hyderabad, pending disposal of the above writ petition. Counsel for the Petitioner : SRI T.BALA MOHAN REDDY Counsel for the Respondent No.1 : Deputy Solicitor General of lndia Counsel for the Respondent No.2to6 : -- Counsel for the Respondent No.7 : SRI SRIDHAR BHUVAWAGIRI' AGP FOR HOME The Court made the following: ORDER - THE HON'BLE SRI JUSTTCE NAGESH BHEEMAPAKA WRIT PETITION No.1 7236 of 2025, ORDER: This writ Petitirn is filed seeking a writ or order, more particu.arly a rvrit of Mandamus, declaring that Respondents Nos.2 to7 ,ave acted unlawfully by failing to consider the petitioners' notices/representations dated 2o.05.2025 and 22.os.2o2s, and that Respondents Nos. 4 to 6 have confinued to occupy premises bearing Door No. 1B_2_SZB 12, admeal;uring 1100 square yards at Falaknuma, Hyderabad, even after e.xpiry of the lease on 31.o5.2o25, in a rnanner which is arbitrary, high-handed and without lawful possession, thereby violating Articles 14 and 300,{ of the constil.ution of India; and the pe titioners thus pray that this Hon'ble court lirect Respondents Nos. 4 to 6 to vacate the said premises ancl deriver peaceful, lawful possession thereof to the petitioner, and pass such other order(s) as this Court may deem L t and proper in the circumstances.

2. lleard Sri T. Ba.a Mohan Reddy, learned counsel for the petitic,ners; learned Standing Counsel for Central Government, for respondent No. 1; Smt. Pravalika, learr: ed counsel representing Sri Dominic Fernandes, learned Senior Standir-rg counsel for IocL, for the respo.dents-Iocl. and learned Government pl:ader for Home, for respondent No.7 When the matter is taken up for hearing, learned counsel for both the partres submitted thal the issue raised in this Writ petjt,ion is squarely co'erecl by the orcler p,rsscd by this Court in W.p.No.22224 of 2O25, clated 2O.O8.2O25 and the re.bre, the same order may be passed in this writ I I Y 2 petition as well. The operative portion of the said ordcr reads as under "4. This Court having considered the submissions of both sides, is of the view that it is not in dispute that the origrnal lease period has expired ald there is also no binding obligation for automatic renewal. In W.P.No-31174 of 2024 ' this Court, in similar facts, held that continued possession by IOCL without renewal on agreed terms cannot be sustainecl ald directed vacation of the prernises' Following the ratio lairl down in W P'No'31 174 of 5. 2024, this Couit is of the view that the respondents-IOCl ca,nnot unilaterally continue in possession a{ter expiry of the lease, particularly whcn thc petitioners have expressly refused renewal. Accordingly, this Writ Petition is a-l1owed directing the 6. respondents-to-i to vacate ald handover peaceful poJ=es"iort of thc subject premiscs to the petitioners within a period of three (3) -ottth" tiom the date of receipt of a copy of this order. No costs." Accordingly, in terms of the order passed by this Court ln 4 . W.P.No.22224 of 2025, dated 20.08'2025, and for the reasons alike' this Writ Petition is disposed of directing the respondents-IOCl to vacate and handover peaceful possession of the subject premises to the petitioners withinaperiodofthree(3)monthsfromthedateofreceiptofacopyofthis order. No costs. Pending miscellaneous applications, if any, shall stfrrd closed I To, //TRUE COPY// SD/.MOHD.ISMAtL DEPUTY REGISTRAR & SECTTON OFFlCER The Under secretary - Petroleum and Natural.Gas,f\ilinistry of Petroleum and N;ir;;ic;.:-Union'of lndia-, Shastri Bhavan' New Delhi' Safety The Chief Controller of Explosives, Petroleum and ,Explosives cirg";;Iffi, Ceo c.irpi,j-, riuio ig'd", Secunderabad- 500080' The District Civil Supplies Officer, Hyderabad District' Telangana' 1 2 J ------'----'

4. The Commissiorrer of Polic,e- Hyderabad, Office at Road No.12, Banjarilhills, Hyderabad, Telangana - 500024.

5. One CC to SRI l'.BALA IMOHAN REDDY, Advocate. tOpUCl 6. One CC to Deputy Solicitor General of lndia, High Court for the State of .Telangana at HyCerabad. [OPUC]

7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OU-|-J B Two CD Copies BSK LS HIGH COURT DATE D :2 310912025 itj iii ,,li',l \." . ..-. ., ,] l ORDER WP.No.17236 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r0l L0 lo^-