1 Giri Radha Krishna v. 1. The Union of lndia

...RESPONDENTS Petition under Article 226 of 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 lvandamus declaring the action of Respondent No. 2 to 6 in not considering the representation/ notice of Petitioners dated 13/08/2024 and 1410812024 and in not cancelling the relevant licenses issued to N//s. Laxminaryana filing station being '- ,- run by respondent No. 5 corporation admeasuring to an extent of 2006 sq.yards in Sy.No. 99 of Uppal Khalsa Village, Uppal IVandal Medchal-Malkjgiri District and' in not vacating the same, despite expiry of lease on 1610g12024 as illegal, arbitrary, highhanded, apart being violative of Article 14 and 300-4 of constitution of lndia and consequently to direct the Respondent No. 2 and 4 to cancel the Iicenses issued for running retail ou et in the name and style of tv/s. Laxminaryana filing station being run by respondent No. 5 corporatron admeasuring to an extent of 2006 sq.yards in Sy.No. 90 of Uppar Kharsa Village, Uppal lvandal lvedchal-lr,4alkjgiri District and to vacate the premises forthwith. IA NO: 'f 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 No. 5 and 6 to suspend the supply and sales to retail out namely [/l/s. Laxminaryana filing station being run by respondent No.5 corporation admeasuring to an extent of 2006 sq.yards in Sy.No. 99 of Uppal Kha lsa Village, Uppal Mandal l\,4edchal-fValklgiri District. lA NO: 2 OF 2024 Petition under section 15.l 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. 2 to 4 to consider the representation dated 13logl2o24 and dispose the same in accordance with law. Counsel for the Petitioner : SRI T.BALA MOHAN REDDy counserfor the Respondents No.1&2 , BE,IJ_rBAi+RliT"r,H:rAR REDDy, Counsel for the Respondents No.3 : Gp FOR CIVIL SUppLIES Counsel for the Respondent No.4 : Gp FOR HOME counsel for the Respondent No.5&6:sRr DoMlNrc FERNANDES, sc FoR IocL The Court made the following: ORDER THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.25215 of 2024 ORDER: Heard learned counsel fcr the petitioners and Sri Dominic Fernandes' learned standing counsel for IOCL appearing for respondent Nos 5 and 6' With their consent, this writ petitior-r is being taken up for disposal'

2. This writ petition is filed seeking thc following prayel:- "to grint an ortler, ditection or ttt'it, nnre so in the nature of Wril of Marulattus declnring tlrc rctiott of Respondent No1-2 to 6 in not considering the representation/ notice of Petitioners dateti 13/08,0.02+ nia rupS1ZO24 nnd in not cancelling tlrc relepnnt licenses issued to " Nl,/s-Laxntinnrynru Jiling station" being run bt1 responrlent No.S cotToration admen-su.ring .to nn exteit of ZObA Sq yrds in Sy.No.99 of Llppal Khalsa Village, Uppnl Mnndnt, lvle:dctml-Mnlki2iri District tnd in not twcnting tht' snnre drspite expiry of lecsr on 16/08/2 024 ns illegal' afiitrary, higilhnnded apnrt being ttiolnfiae of Articles 14 and 300A ;f Coist;.tution of Indin and consequently to ilirect tlrc Respondent Nos.2 nnd 4 to cancel the licenses issued for running retnil outlet in the nante and sttle oj " l{'/s Laxminaryana fling stntioti' being run by respondent No.S coryorntion adme.asuring to an extunl of 2006 Sq1ards in Sy 'No'99 of Uppal Khalsa Vrllnge, Uppai Mnru1al, Medchnl-Malkjgiti District and to ooute the prentises fortl ntiitlt." 3,Brief{actsstatedinthiswritPetitionalethatthepetitionelsclaimtobe the owners and possessors of property admeasuring 2006 Sq'Yds' in Sy.No.99, situated at Uppal Khalsa Village, Uppal Mandal' Medchal-Malkjgiri District. The case of the petitioners is that the respondent No 5' for establishing and running a retail out-let in the name of M/s Laxrninaryana Filing Station, has taken the subject property on lease for a period of 20 years andthesamewasregisteredaide|easedeedbearingdocumentNo'8728of 2 t ,{ 2004 dated 1,6.08.2004. The petitioners uide ietters dated 13.08.2024 and

74.08.2024, stated that they are not interested in renewing the lease dated

16.08.2004 and requested respondent No.5 to vacate thc subject premises. However, respondent No.5 alleging it to be statutory tenant, refuscd to vacate thc subject premises. Thereafter, the petitionet' made number of representation dated 13.08.2024 to respondent No.2 seeking cancellation of various licenscs issued to respondent No.5 on the basis of lease deed, howcver, no action has been taken on the said representation. Aggrieved by thc same, this writ petition is filed. .1. Learncd counsel for the petitioners subtlits that the lease dated 1,6.08.2004, was for a period of 20 years and the samc was expired on 1,6.08.2024 and in view of the non renewal of the lease, the rcspondent No.5 ought to have vacated the subject premises and instead of doing thc same, respondent No.! is refusing to vacate tl-re subject premises and is in unlawful possession of the subject property

5. Learncd counsel for petitioners submits that in similar circumstances this Court in W.P.Nos.25779 and 18813 of 2024 clatcd 13.11.2024, l-ras passed the foliowing order " 23.1V. P.Nos.25779 and 18813 of 2024 are allowed and disposed of $' directing lhe respondents lo vacate the-subject prentises and hand orer possession of the subject premises to the pctitioners within 4 wceks from 18.1 1.2021.

6. Learncd counsel for the petitioners further prayed this Court to pass similar orde.r as passed in W.P,Nos.25779 and 18813 of 2024 dated 13.11.2024 3 and pray this Court to direct the respondent No'5 to vacate the subject premises in a time bound Period'

7. Learned standing counsel appearing for respondent Nos 5 and 6 pray this Court to pass aPpropriate order.

8. Recording the above submission made by learned counsel on either side, and in terms of order passed by this Court in W P-Nos 25779 and 18813 of2024d,ated.T3.1L.2024,thiswritPetitionisalloweddirectingresPondent No.5 to vacate the subject premises, as expeditiously as possible' preferably' within in period of three (3) months from the date of reccipt of copy'of this order. lt is made clear that the respondent No 5 shall hand over the possession of thc subject premises to the petitioners on or befote L7 '2025' "1O g. Miscellaneous applications, if any pending, shall stand closed No order as to costs' sn/- A-H.s. GowRl -- lSsrsrnur REGISTRAR 'HANKAR /iTRUE COPY// SEC N OFFICER To, 1 The Under Secretary, Petroleu '' anJ Uaturat Gas'Union of lndia' u The Chief Collector of ExP -' Oioanlzation, (PESO)' Roo ka"vio iguoa, secunderabad' ' Ii]"u.lfl., J, 8il[::f i Etl'l{S: District. m and Natural Gas, tt/linistry of Petroleum Shastri Bhavan New Delnl' losives, m No. Petroleum 602, 6th and exPlosives safety Floor, CGO Towers' gi:"'fi : si: i,':1': 6?H'#33Jft : I^H"-i:!el 4 5 The Commissioner of Police' Rachakonda Commissionerate' Neredmet' N,4alkaigiri, HYderabad' IXs-::TY,ill,: Bfi :Siqy'i ll3 i# 3i f.:'f#:P?i"n''#LT' J::"T;ll il;ilip;liy'iilr.tti,l Ettut" Hvderabad c6D+

6. The Retail Sales Head, Secunderabad Division Office, Corporation. Ltd., lndian Oil Bhavan, Fatehbagh, I\4oosapet, lndustrial Estate, Hyderabad. Indian Oil Kukatpally

7. One CC tc SRI T.BALA TVOHAN REDDY, Advocate. [OPUC] 8. Two CCs to GP FOR HOIVE, High Court for the State of Telangana at Hyderabad [OUT] 9, One CC to SRI PULIIVAI\,IIDI SHASHIDHAR REDDY. SC FOR CENTRAL GOW [OPUC] '10. One CC to SRI rocl. [oPUC] DOI\4|NlC FERNANDES, Senior Standing Counsel for

11.Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad. [OUT] 1 2. Two CD Copies. BSK GJP , ) I I HIGH COURT DATED:1410712025 ORDER WP.No.25215 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS ( I t _.. -r_ra=-- 2 2 AU0 2025 '\r .\ 1j^',-. -,- ..;r'' \b I I I I i