Claimants must reclaim possession of property upon lease expiration, unless renewed. Authorities must act on unlawful occupancy petitions.

ORDER

Heard learned counsel for the petitioners and Sri Dominic Fernandes, learned standing counsel for IOCL appearing for respondent Nos.5 and 6.

With their consent, this writ petition is being taken up for disposal.

2. This writ petition is filed seeking the following prayer:-

“to grant an order, direction or writ, more so in the nature of Writ of Mandamus declaring the action of Respondent Nos.2 to 6 in not considering the representation/ notice of Petitioners dated 13/08/2024 and 14/08/2024 and in not cancelling the relevant licenses issued to “M/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 Mandal, Medchal-Malkjgiri District and in not vacating the same despite expiry of lease on 16/08/2024 as illegal, arbitrary, highhanded apart being violative of Articles 14 and 300A of Constitution of India and consequently to direct the Respondent Nos.2 and 4 to cancel the licenses issued for running retail outlet in the name and style of “M/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 Mandal, Medchal-Malkjgiri District and to vacate the premises forthwith.”

3. Brief facts stated in this writ petition are that the petitioners claim to be 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. Laxminaryana Filing Station, has taken the subject property on lease for a period of 20 years and the same was registered vide lease deed bearing document No.8728 of

2004 dated 16.08.2004. The petitioners vide letters dated 13.08.2024 and 14.08.2024, stated that they are not interested in renewing the lease dated 16.08.2004 and requested respondent No.5 to vacate the subject premises. However, respondent No.5 alleging it to be statutory tenant, refused to vacate the subject premises. Thereafter, the petitioner made number of representation dated 13.08.2024 to respondent No.2 seeking cancellation of various licenses issued to respondent No.5 on the basis of lease deed, however, no action has been taken on the said representation. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioners submits that the lease dated 16.08.2004, was for a period of 20 years and the same was expired on 16.08.2024 and in view of the non renewal of the lease, the respondent No.5 ought to have vacated the subject premises and instead of doing the same, respondent No.5 is refusing to vacate the subject premises and is in unlawful possession of the subject property.

5. Learned counsel for petitioners submits that in similar circumstances this Court in W.P.Nos.25779 and 18813 of 2024 dated 13.11.2024, has passed the following order:

“23. W.P.Nos.25779 and 18813 of 2024 are allowed and disposed of by directing the respondents to vacate the subject premises and hand over possession of the subject premises to the petitioners within 4 weeks from 18.11.2024.

6. Learned counsel for the petitioners further prayed this Court to pass similar order as passed in W.P.Nos.25779 and 18813 of 2024 dated 13.11.2024 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 of 2024 dated 13.11.2024, this Writ Petition is allowed directing