HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.15139 of 2025

ORDER

This writ petition has been filed seeking the following prayer:

“...a) To set aside the Proceedings No.P/SC/TG/14/1833(P48505) dated 23rd April, 2025 suspending the License bearing No.P/SC/TG/ 14/1833(P48505) as being illegal, arbitrary, violative of the principles of natural justice violative of Article 14 of the Constitution of India and violative of the Petroleum Rules, 2002.

b) To set aside all consequent proceedings pursuant to the Impugned Letter No.P/SC/TG/14/1833(P48505) dated 23/04/2025 issued by the Respondent No.2 to the Petitioner Corporation...”

2. Heard Mr.P.Vishnuvardhan Reddy, learned counsel for the petitioner; Ms.N.V.R.Rajya Lakshmi, learned standing counsel for respondent Nos.1 and 2 and Mr.Kishore Rai, learned senior counsel for respondent Nos.3 to 6.

3. The grievance of the petitioner is that in the impugned order dated 23.04.2025, the Deputy Chief Controller of Explosives i.e., respondent No.2 has suspended the license of the petitioner as per provisions of Rule 152(1)(i) of Petroleum Rules, 2002 viz., ‘Every license granted under these rules shall – (i) stand cancelled, if the licensee ceases to have any right to the site for storing petroleum’ and the subject license was suspended as an interim measure with immediate effect. Learned counsel for the petitioner submits that the said order dated 23.04.2025 was passed pursuant to the interim order passed by this Court in similar writ petition in W.P.No.8755 of 2024 on 24.03.2025 granting permission for the petitioner to submit a representation. Subsequently, petitioner submitted a detailed representation on 10.04.2025 and in pursuance to that respondent No.2 has verified the same and passed order on 23.04.2025 stating that compliance report submitted by the petitioner is not found satisfactory as the petitioner has not submitted any document in support of legal/lawful possession of the land on which the subject retail outlet is situated.

4. Learned counsel for the petitioner draws attention of this Court to the suit and application filed by the landlords/respondent Nos.3 to 6 in I.A.No.355 of 2023 in O.S.No.32 of 2023 pending on the file of XII Additional Chief Judge, City Civil Court, Secunderabad whereby the trial Court by its order dated 02.03.2023 has granted status quo to be maintained by both the parties and the matter is sub-judice before the said Court. Thereafter, no orders have been passed in the said suit. It is further submitted that landlords/respondent Nos.3 to 6 also instituted another suit in O.S.No.234 of 2023 for eviction on the file of XI Junior Civil Judge, City Civil Court, Secunderabad and in the said suit an Interlocutory Application in I.A.No.1 of 2021 has been filed for temporary injunction restraining the respondent/defendant from subletting the suit schedule property to third parties. The trial Court by an order dated 26.04.2023 allowed the said I.A. restraining the respondent/defendant from subletting the suit schedule property. Learned counsel would submit even after bringing to the notice of respondent No.2 about the two suits pending before the trial Courts and interim orders and in the explanation dated 10.04.2025, and that the petitioner also stated that Corporation is willing to register the fresh lease deed and that the land owners/respondent Nos.3 to 6 have failed to perform their part of contract, as such the suits are pending before the trial Court. Respondent No.2 without considering the said facts has passed the impugned order suspending the license of the petitioner. Questioning the action of respondent No.2 in issuing impugned order, the present writ petition is filed.

5. Ms.N.V.R.Rajya Lakshmi, learned standing counsel for respondent Nos.1 and 2 would submit that the impugned order dated 23.04.2025 is only an interim suspension and no final orders has been passed and the status quo granted by XII Additional Chief Judge, City Civil Court, Secu