High Court · 2025

petition under Article 226 of lhe Coirstitution 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 wrlit, more so in the nature of writ of Mandamus declaring the action of the acti[n of Respondent No.3 to 5 in not considering the representation/ notices of Petitioner dated 1910912023, 161O8t2023. 04111t2O23, O1to}t2o24 and iri not cancelling the relevant licenses issued to Kailash Filing Station being run irl the premises bearing No. 2-3-25811 , admeasuring to an extent of 1622.22 Sq.yards in sy.No. 102l3lB Nagole Village, Uppal Mandal Medchal-Malkjgiri District and in not vacating the same, despite expiry of lease on 27102t2O24 as illegal, arbitrary, highhanded, apart from being violative of Articles 14 and 300-4 of the Constitution of lndia and consequently to direct the Respondent No. 2 and 3 to cancel the licenses issued for running retail outlet in the name and style of Kailash Filling Station in the premises bearing No. 2-3-25811, Nagole, Uppal Mandal, tVledchat-Malkajgiri District and direct the respondent No. 4 and 5 to vacate the premises fo(hwith. lA NO: 1 OF 2024 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 Nos. 4 and 5 to remove all structures, fixtures, underground tanks etc., from the retail outlet premises bearing No. 2-3-25811, Nagole, Uppal Mandal, IVledchal-Malkajgiri District. Counsel for the Petitioner : SRI T.BALA MOHAN REDDY counser for the Respondents No.1&2 , 3E'Ior*t'I$l$Rlilill+:r^R REDDY, Counsel for the Respondents No.3 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4&5:SRI DOMINIC FERNANDES, SC FOR IOCL The Court made the following: ORDER ....,: THE HoNoURABLE sRI IUSTICE N.v.snnnvaN KUMAR WRIT PETITIONNo.22F77 of 2024 ORDER: Heard learned counsel for the petitiofrer, learnecl standing counsel appearing for respondent No.1 and Sri.pominic Femandes, learned standing counsel for IOCL appearing for r spondent Nos.4 and 5. With I their consent, this writ petition is being take4 uP for disposal. 2 This writ petition is filed seeking the fgllowing prayer:- " . . .to grtnt an order, direction or u,it luorc so in tlrc nnture of Wrt ol Mnndtnrus declnring the nrtion of Ifu nction of ring tle representatiott/ Resporrdcnt Nos.3 lo 5 in not considl 16/082023, 04/112023 notices of Petitioner dnted 19/0 92023, 01/082024 and in not cancelling tlu rA lcaant licetses issued to " Knilnsh /iling stotion" being run in llrl t premises bearing No.2- ' 1622.22 Sq. yards itt 3-258/1 ndrneasuring to nn exlent of ml Manrlnl, Medclnl- Sy.No.102/3/8 Nngole Villngc, UpA Itc snme despite expiry of Malkjgtri District nnd in not tncnlitry ll leax orL 27/02/2.024 as illegnl, nrbitrary, higllnndcd, apmt being uiolatit'e of Articles 14 and 300A of Cpnstitutiott of Indin nnd consequently to direct the Resporulent l\os.2 and 3 to cancel tlrc licenses issued for running retail outlet ,in tlrc name nnd style of Knilash fling station in tle prenisel beaing No.2-3-258/1 Nagote Village, Uppal Mantlnl, MedchnlTMnlknjgiri Distict nnd direct the respondent Nos.4 nnd 5 lo ancnte the pruniscs forlhu,itlt." 5 Brief facts stated in this writ petition aie that the petitioner claims to be the owner and possessor of property adfneasuring 1'622.22 Sq.Yds, in Sy.No.102/3/8, situated at Nagole Village The case of the petitioner is that the respondent No.4, for establishing afrd running a retail out-let in thqname of Kailash Filing Station, has taken the subject property on iease for a period of 20 years and the same w{s registered olde lease deed \ 2 bearing document No.347 of 2004 dated 28.0L.2004. Later, respondent No.5 oide letter dated 08.02.2023, requested petitioner to renew the said lease for a further period of 19 years 11 months and the petitioner aide letter dated

19.09.2023, siated that she is not interested in renerving the lease dated

28.01..2004 and requested respondent No. 5 to vacate the subject premises Thereafter, thc petitioner issued legal notice dated 04.77.2023 and informed respondent Nos.4 and 5 that the lease deed dated 28.01.2004 has been terminated by efflux of time and called upon the respondent Nos.4 and 5 to vacate the premises on or before 27.02.2024. However, responclent Nos.4 and 5 alleging it to be statxtory tenant, refused to vacate the subject premises. Thereafter, the petitioner made number of representations and the latest being dated 07.08.2024 to respondent Nos.2 and 3 seeking cancellation of various licenses issued on the basis of lease deed, and pursuant to the same, respondent No.2 issued shorv cause notice dated

02.08.2024 to respondent No.4 to show cause within 21 days as to why explosive license issued should not be cancelled in terms of Rule 152 (1) (i) of Petroleum Rule 2002

4. Learned counsel for the petitioner submits that the lease dated

28.01.2004, was for a periocl of 20 years and the salne was expired on

27.02.2024 and in view of the non renewal of the lease, the respondent Nos.4 and 5 ought to have vacated the subject premises and instead of 3 doing the same, respondent Nos.4 and 5 refusing to vacate the subject premises and is in ullawful possession of th subject property. q

5. Learned counsel for petitioner submi that in similar circumstances h this Court in W.P.Nos.25779 and 18813 of 20 4 dated 73.11.2024, has passed L the following order I I "23.W.P.Nos.25779 and l8St3 of 2024lare allou'ed and disposed of by directing the respondents to vdcale tJte subject premises and hand over possession of the subject prcmis$s to the petitioncrs within 4 weeks from 18.11.2024

6. Learned counsel for the petitioner er prayed this Court to pass similar order as passed in W.P.Nos.25 and 18813 of 2024 dared

13.11,.2024 and pray this Court to direct the respondent No.2 to vacate the subject premises in a time bound period

7. Learned standing counsel appearing for respondent Nos.4 and 5 pray this Court to pass appropriate order.

8. Recording the above submission mad by learned counsel on either I side, and in terms of order passed by this Court in W.P.Nos.25779 and 18813 of 2024 dated 13.1L.2024, this Writ Petition is allowed directing respondent No.2 to vacate the subject p emises, as expeditiously as F possible, preferably, within in period of thr$e (3) months from the date of receipt of copy of this order. It is made clear hat the respondent Nos.4 and I I .i I 4 5 shall hand over the possession of the subject premises to the petitioner oii or before 17.70.2025. 9 Miscellaneous applications, if any pending, shall stand closed. No order as to costs SD/. B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// Sg'o. SE FFICER To,

1. The Under Secretary, Petroleum and Natural Gas, Ministry of Petroleum and Natural Gas, Union of lndia, Shastri Bhavan, New Delhi.

2. The Deputy Collector of Explosives, Petroleum and Explosives Safety. Organizati6n, (PESO), Room No. 602, 6th Floor, CGO Towers, Kavadiguda, Secunderabad.

3. The Addl. Collector and Addl.District Magistrate (Civil Supplies), Medchal Malkajgiri District, (ECIL-Keesara Road), Near ORR, Ivledchal Malkajgiri District.

4. The Managing Director, M/s. lndian Oil Corporation Limited, Office at lndian Oil Bhavan, Fateh Bagh, Moosapet, Kukatpally lndustrial Estate, Hyderabad. 5. The Retail Sales Head, Secunderabad Division Office, lndian Oil Corporation Ltd. lndian Oil Bhavan, Fatehbagh, Moosapet, Kukatpally lndustrial Estate, Hyderabad.

6. One CC to SRI T.BALA IMOHAN REDDY, Advocate. [OPUC] 7. One CC to SRI PULIMAMIDI SHASHIDHAR REDDY, SC FOR CENTRAL GOVT [OPUC]

8. One CC to SRI DOMINIC FERNANDES, Senior Standing Counsel for IOCL. loPUCl

9. Two CCs to GP FOR CIUL SUPPLIES, High Court for the State of Telangana at Hyderabad. [OUT]

10.Two CD Copies BSK PVL HIGH COURT DATED:141O712025 I -;; ,. / 22 rllE zffi ..,11 (tr \.-_ rCH? [\ :! ,-:., /' ORDER WP.No.22977 ot 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS \) -T U