The High Court · 2025

Petition under section 151 cPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High court nray be pleased to direct the Respondents, more specifically, 3rd Respondent, to consider the petitioner's representations dated 01.09.2023 and 17.1o.2023 pendirg disposal of the writ Petition Counsel for the Petitioner: SRl. K RAVI MAHENDER Counsel for the Respondent No.1: B JTTHENDER (CENTRAL GOVT COUNSEL) Counsel forthe Respondent Nos.2&3: Ms. pRAVALIKA REpRESENTING FOR SRI DOMINIC FERNANDES SC FOR IOCL The Court made the following: ORDER r . ii,;i THE HON'BLE SRI JUsTICE NAGESH BHEEMAPAKA WRIT PETITIO N No.22695 OF 2025 ORDER: This Writ Petition is filed declaring the action of the respondents in not vacating the Retail Outlet site over the land admeasuring extent of 160O square yards equivalent to 1 337 square meters in survey No.lO2l3/2, situated at Nagole Village, Llppal Mandal, Ranga Reddy District.

2. Heard Sri K.Ravi Mahender, learned counsel for petitioners and Ms.Pravalika, learned counsel representing Mr.Dominic Fernaldes, learned Standing counsel for IOCL for respondent Nos.2 ald 3. Perused the record.

3. When the matter is taken up, learned counsel for petitioners submitted that the issue raised in this writ Petition is squarely covered by the order dated 02 -O7 .2025 passed by this Court in W.P.No.31l74 of 2024 and therefore, the same order may be passed in this writ petition as well' The operative portion of the said order reads as under: "This Writ Petition is allowed directing respondent No 2 to vacate the subject premises, as expeditiously as 2 \ l.t li.J \\ P No ll i)i ()l l0li possil)le, preferably, within a period of three (i ) monrhs fronl tl're date of receipt of copy of this order. I is made clear that the respondent No.2 shall hand over tre possession of the subject premises to the petit oners on or beforc 05. 10.2025.

4. In torms of the order passed by I his Court in W.P.No.31174 of 2024, dated 02.O7.2025, rhis Writ petitron is allowed directing respondent No.2 to vacat3 the sllbject premises, irs expeditiously as possible, preferably, within a period of three (03) months from the date of receipt of a copy of this order. It is made clear that the respondent I'o.2 shall h,r-rd over the pos,session of the subject premises to tht, petitioners on or before 20.ll-2025. There shall be no order as ro cosrs. Miscellaneous petitions, if any, pending in this Writ Petition' sha [1 stand closed' sD/- M. NAGAMANT TANT REGISTRAR tS,t' \ //TRUE COPY// 'b ECTION OFFICER To,

1. The Secretary, Ministry of Petroleum & Natural Gas, Strastri Bhawan' Dr' Rajendra Prasad Road, New Delhi

2. The Executive Director and state Head, lndian oil cort)oration,_lndian.oil - Ahi;n G S, Ali Yavar Jung ltilarg, Bandra (East), Mun bar - 400 051 Having it's Stat" office at lndian oj1 Bhaian, Fatehbagh, Moosapet, Kukatpally lndustrial Estate, Telangana.

3. The Divisional Retail Sales Head, Secunderabad Divis on, lndian-Oil - Coiporition, Fatehbagh, Moosapet, Kukatpally lndustrial Estate' Telangana'

4. One CC to SRl. K RAVI MAHENDER Advocate [OPU()] 5. One CC b SRI DOI\4|N|C FERNANDES SC FOR lOCt IOPUC] 6. One CC kr SRl. B JITHENDER (CENTRAL GOW COUNSEL) [OPUC] 7. Two CD C;oPies (Along witlr the c, rp1 ol the order dated 02-01 .02025 in W P No' 3 1 I 11 of 2024) u, KKS PVL J \:-' \ \ HIGH COURT DATED:1 910812025 ORDER WP.No.22695 of 2025 -a"' :.. \-. 1. -7) 17ffPm * a:a) (\ 4,7 ,7 ALLOWING THE WRIT PETITION WITHOUT COSTS q I 1 \)./ ( t *!'**4 ; THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31174 of 2024 ORDER Heard iearned counsel for the petitioners and learned standing counscl appearing for respondent No.1 and Sri.Dominic Fcrnandes, learned standing counscl for IOCL appearing for respondent No 2 With their conscnt, this writ petition is being taken up for disposal. 2- This writ petition is filed seeking the following prayer:- " to declsre tlrc actiott of tlrc Respondent No 2 in not Lt cati g tltc Ilctail Outlet site ouer tlte land tdnrcastrittg 1333.33 Sq.Ytls tn Sy No.286/e, situated nt Karintnagnr reTtcnua oillage, sittnteLl nt Kottntt Rond, Karinutagar Tottm nrttl District as illegnl md arbitrary and consequently direct the Resltondent No.2 to uacate tlrc site and deliaer tlte possesslon to the petitioncr."

3. Brief facts stated in this writ petition are that the petitioners claim to be the orvners and possessors of property admeasuring 1333.33 Sq.Yds, in Sy.No.285/e, situated at Karimnagar Revenue Viltage, Kaman Road, Karimnagar Town and District. The case of the petitioners is that the respondent No.2, for establishing and running a retail out-let in the name of M/s.Mahendra Filing Station, has taken the subject property on lease for a period of 20 years and the same was registered oide lease deed bearing document No.10026 oI 2004 dated 15.09.2004. Later, respondent No.Z ztide letter dated 08.02.2023, requested petitioners to renew the said lease for a further period of 19 years 11 months and the petitioners zrlde letter dated

28.02.2023, stated that they are not interested in renewing the lease dated

75.09.2004 and requested respondent No.2 to vacate the subject prcmises. Thereaftcr, respondent No.2 issued letter dated 24.08.2023 and again requcsted tho petitioners to rencw the lease and in rep v the pctitroners on

09.09.2023 issued a letter and requcsted respondent No.2 to vacatc the subject premises. Frrrther case of the petitior-rers when the re,;pondent No.2 filed O.S.t.,vo.722 of 2023 on the filc of learned III Additiona Junior Civil Judge, Karimnagr, lor specific performance of the rencwal cla rsc of the leasc, the petitioners issued legal notice datcd 12.01.2024 and infornred respondcnt No.2 that the Iease deed dated 15.09.2004 has been terminated bv effltrx of tinre and called upon the respondent No.2 to vacate the premiser; n'ithin a period of three (()3) rl,.rnths from the date of receipt of notice. Hol'evcr, resl.rondent No.2 alicgin6, it to be statutory tenant, refused to vacate il-re subyect promises. Aggrievecl b1' the same, this writ petition is filed.

4. [,earnec1 counsel for the petitioners submits that thc lease dated

15.09.2001, ra,as ior a period of 20 years and the sarle !\'as expired on

05.08.2023 and in view of the non renewal of the lease, t[-re respondunt No.2 ought to havc r, acated the subject premises and instead of doing thc same, responder-rt N'o 2 is refusirrg to vacate the subject premise; a;rd is in trnlawful possession of tht: subiect properq,. It is further submitted that the petitioners are intending kr clistribute the subject property to their children and are not interested in renerving the lease at any cost.

5. Learnerl counsel for petitioners submits that in si milar circurnstances this Cotrrt in W.P.Nos.25779 and 18813 of 2024 dated 13 11,2024, has passed the followirrg order: i I I I I I t i 3 "23.W.P.Nos.2 5779 and 1E813 of 2024 are allowed and disposed of by directirtg the respondents to vacqte the subjcct preruises and hqnd over possession of the subject premises to the petitioners within 4 weeks fronr 18. I L2024.

6. Learned counsel for the petitioners furthcr prayed this Court to pass similar order as passed in W.P.Nos.25779 and 18813 of 2024 d.ated 13.1.7.2024 and pray this Court to direct the respondent No.2 to vacatc thc subject prcmises in a time bound period

7. Learned standing counsel appearing for respondent No.2 pray this Court to pass appropriate order

8. Recording thc above submission made by learned counsel on either side, and in terms o[ order passed by this Court in W.P-Nos.25779 and 18813 of 2024 dated 13.11.2024, this Writ Petition is allowed directing respondent No.2 to vacate the subject premises, as expeditiously as possible, preferably, within in period of three (3) months from the date of receipt of copy of this order. It is made clear that the respondent No.2 shall hand over the possession of the subject premises to the petitioners on or before 05.10.2025

9. With the above directions, the Writ Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs JUSTICE N.V.SHRAVAN KUMAR Date: O2.O7.2025 Note:- Issue C,C in a week. Blo SU