THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.22977 of 2024

ORDER

Heard learned counsel for the petitioner, learned standing counsel appearing for respondent No.1 and Sri.Dominic Fernandes, learned standing counsel for IOCL appearing for respondent Nos.4 and 5. 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 the action of Respondent Nos.3 to 5 in not considering the representation/ notices of Petitioner dated 19/09/2023, 16/08/2023, 04/11/2023 01/08/2024 and in not cancelling the relevant licenses issued to “Kailash filing station” being run in the premises bearing No.2- 3-258/1 admeasuring to an extent of 1622.22 Sq. yards in Sy.No.102/3/B Nagole Village, Uppal Mandal, Medchal- Malkjgiri District and in not vacating the same despite expiry of lease on 27/02/2024 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 3 to cancel the licenses issued for running retail outlet in the name and style of Kailash filing station in the premises bearing No.2-3-258/1 Nagole Village, Uppal Mandal, Medchal-Malkajgiri District and direct the respondent Nos.4 and 5 to vacate the premises forthwith.”

3. Brief facts stated in this writ petition are that the petitioner claims to be the owner and possessor of property admeasuring 1622.22 Sq.Yds, in Sy.No.102/3/B, situated at Nagole Village. The case of the petitioner is that the respondent No.4, for establishing and running a retail out-let in the name of Kailash 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.347 of 2004 dated 28.01.2004. Later, respondent No.5 vide letter dated 08.02.2023, requested petitioner to renew the said lease for a further period of 19 years 11 months and the petitioner vide letter dated 19.09.2023, stated that she is not interested in renewing the lease dated 28.01.2004 and requested respondent No. 5 to vacate the subject premises. Thereafter, the petitioner issued legal notice dated 04.11.2023 and informed respondent Nos.4 and 5 that the lease deed dated 28.01.2004 has been terminated by efflux of time and called upon the respondent Nos.4 and 5 to vacate the premises on or before 27.02.2024. However, respondent Nos.4 and 5 alleging it to be statutory tenant, refused to vacate the subject premises. Thereafter, the petitioner made number of representations and the latest being dated 01.08.2024 to respondent Nos.2 and 3 seeking cancellation of various licenses issued on the basis of lease deed, and pursuant to the same, respondent No.2 issued show cause notice dated 02.08.2024 to respondent No.4 to show cause within 21 days as to why explosive license issued should not be cancelled in terms of Rule 152 (1) (i)

of Petroleum Rule 2002.

4. Learned counsel for the petitioner submits that the lease dated 28.01.2004, was for a period of 20 years and the same was expired on 27.02.2024 and in view of the non renewal of the lease, the respondent Nos.4 and 5 ought to have vacated the subject premises and instead of doing the same, respondent Nos.4 and 5 are refusing to vacate the subject premises and is in unlawful possession of the subject property.

5. Learned counsel for petitioner 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 petitioner further prayed this Court to pass similar order as passed in W.P.Nos.25779 and 18813 of 2024 dated 13.11.2024 and pr