* THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR + Writ Petition Nos.16735 and 29399 of 2023 % 11.07.2025 # Between:

P.Geetha Lakshmi and others Petitioners in both WPs Vs.

M/s.Indian Oil Corporation Ltd., Having registered office at 11-5-249/1, Bhavani Nagar, Moosapet, Hyderabad, Telangana – 500 018.

Respondents in both WPs ! Counsel for Petitioner : Mr.A.Venkatesh, Sr.Counsel (in both the WPs)

^ Counsel for Respondents : Mr.Dominic Fernandes Standing counsel in both WPs

> HEAD NOTE: ? Cases referred

1 (2021) 13 SCC 121

2 MANU/GJ/1266/2021

3 (2004) 3 SCC 553

4 MANU/SC/0268/1999

5 (2020) 19 SCC 241

6 MANU/SC/0293/2021

7 (2011) 5 SCC 697 8 2006) 1 SCC 228 9 (1999) 4 SCC 450 10 (2004) 8 SCC 335

11 (2024) SCC OnLine SC 1682 THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition Nos.16735 and 29399 of 2023

ORDER

Since the issues involved in both the writ petitions are one and the same, both the writ petitions are disposed of by way of this common order.

2. Writ Petition No.16375 of 2023 is filed praying to issue a Writ of Mandamus directing the Respondent No.1 to vacate the Schedule Property belonging to the petitioners herein i.e., the land admeasuring 1501 Sq. yards forming part of total extent of 37.5 gts., of land in Survey No.20, Nagarjuna Sagar, Hyderabad road, Lingojiguda, Saroornagar, Ranga Reddy District, Telangana.

3. Writ Petition No.29399 of 2023 is filed questioning the inaction of Respondent No.2 in cancelling the license granted to the Respondent No.1 vide No.P/SC/TG/4/2624(P21180) in pursuance to show cause notice dated 10.07.2023 with a consequential direction to respondent No.2 to cancel the license granted to respondent No.1 vide No.13/SC/TG/14/2624(P21180) in pursuance to show cause notice dated 10.07.2023 as per Rule 152(1)(i) of Petroleum Rules, 2002.

4. The brief facts in W.P.No.16735 of 2023 are that petitioners claims to be owners of the land admeasuring 1501 sq.yds., forming part of total extent of 37.5 gts., of land in Sy.No.20, Nagarjuna Sagar Road, Lingojiguda, Saroornagar, Ranga Reddy District, Telangana (subject property) having taken on lease for 30 years from one Mr.M.Kishan Rao vide registered lease deed bearing Doc.No.3 of 2003 dated 31.12.2002 registered at the Sub-Registrar, Saroornagar. That as per the registered Will Deed of Sri M. Kishan Rao, vide Document No.160/111/2018 registered at the Sub-Registrar, Chikkadpally, the said property stood transferred to the name of the petitioners herein after the death of said M.Kishan Rao.

5. Respondent No.1 is a company dealing with the business of petroleum products and were looking to set up it MS and HSD retail outlets at Lingojiguda village, Saroornagar Mandal and approached the Petitioner with an offer to obtain the subject property on lease. Accordingly, the Petitioner Nos.1 to 3 jointly executed a lease dead in favour of M/s.Indian Corporation Ltd.

(i.e., the 1st Respondent herein) vide registered lease deed No.2756/2003 dated 18.06.2003 registered at Sub-Registrar, Saroornagar. As per the lease deed, the lease period was for 15 years to commence from 27.05.2003 with monthly lease rent of Rs.19,993/- with 10% increase after every 5 years and as per clause 12 of the lease deed, if the 1^st respondent was desirous of renewing the lease deed, they were to give a notice not less than 3 months prior to the expiration of the lease deed and upon receiving such notice, the petitioners may renew lease of the said premises on mutual terms. Admittedly, the said lease deed had expired on 17.06.2018 and there was no communication from the respondent authorities for the renewal of the lease.

6. It is further submitted that after expiration of the lease deed dated 18.06.2003, the petitioner informed the respondent No.1 of the same and held discussions for revision of the lease amounts with extension for a further period of 15 years. Though Respondent No.1 agreed for monthly rental of Rs.3,30,000 with escalation of 10% every 3 years and further lease period of 15 years, the same