(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more appropriately a writ of mandamus declaring the action of the 1st respondent herein in abruptly withholding supply of petroleum products to the petitioner dealer from 1-4-2012 and removed petrol supply pump on the untenable ground that the petitioner ceased to have rights over the suit property from the date of decree in S.A.No.1192 of 2011 Dt/- 9-9-2011 on the file of the Hon'ble High Court; that the petitioner is not a dealer under a agreement dt/- 16-8-2006 and contrary to the right of restitution of petitioner in law pursuant to the order of the executing court Dt/- 12-4-2012 and illegal, without jurisdiction and vitiated and contrary to the principles of natural justice and issue any other appropriate writ order or direction in the interest of justice.)

Common Judgment:

The revision and the writ petition are between the same parties and in relation to the same dispute. Hence, they are disposed of through a common judgment. For the sake of convenience, the parties are referred to, as arrayed in the writ petition.

The 1st respondent is a Government Owned Petroleum Company. Earlier it was known as ESSO Standard Easternin Corporate Oil Company. After nationalisation, it is known with the present name. The Company took on lease, a site owned by Sha Sulthana, shown as 2nd respondent herein, now represented by her legal heirs, respondents 3 and 4, and established an outlet at Sanathnagar, Hyderabad. Sri Mahaveer Prasad Agarwal, the father of the petitioner was appointed as dealer to run the petroleum outlet.

An agreement, granting licence from time to time, is entered into between the 1st respondent and the dealer. The last of such agreements was executed on 16-08-2006, to be in force for 10 years. Mahaveer Prasad died on 05-12-2009, and the petitioner is said to be his legal heir.

The owners of the land, i.e. respondents 2, 3 and 4 filed O.S.No.5497 of 2003 in the Court of XVI Junior Civil Judge-cum-IV Additional Rent Controller, Hyderabad, against the 1st respondent for eviction from the premises, after issuing a notice under Section 106 of the Transfer of Property Act. The suit was later on re-numbered as 313 of 2007. The trial Court decreed the suit on 22-12-2008. A.S.No.44 of 2009 filed by the 1st respondent herein, in the Court of X Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad was dismissed on 19-10-2010. Second Appeal No.1192 of 2011 filed before this Court was also dismissed on 09-09-2011. Six months time was granted to the 1st respondent for vacating the premises.

The decree-holders i.e. respondents 2, 3 and 4 filed E.P.No.12 of 2011 for execution of the decree, pleading that the 1st respondent did not vacate the premises as directed in the decree and within the time stipulated by this Court. The Executing Court issued delivery warrant against the 1st respondent. At that juncture, the petitioner filed E.A.No.16 of 2012, under Rule 58 of Order XXI C.P.C., and E.A.No.17 of 2012, for stay of the execution of the decree. On finding that there was no attachment of the property, the petitioner filed E.A.No.18 of 2012 to amend E.A.No.16 of 2012, so as to bring it within the purview of Rules 97 to 101 of Order XXI C.P.C.

The Executing Court took up E.A.No.16 of 2012 on 12-04-2012 for hearing. It considered the objection raised by the 1st respondent as to the maintainability of the E.A. On that day, it passed two orders, viz., a docket order, directing that the further proceedings in the E.P.No.12 of 2011 be stayed, and a detailed order rejecting the objection as to maintainability and holding that the E.A. is maintainable.

Respondents 2 to 4 filed C.R.P.No.2555 of 2012 against the order dated 12-04-2012 through which the Executing Court rejected their objection as to maintainability. Petition