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2026 Supreme(Online)(Tel) 9845

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH,THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN
M/s Indian Oil Corporation Limited – Appellant
Versus
K Shekaraiah – Respondent
WA 76/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT APPEAL No.76 of 2026 DATED: 26.02.2026 Between:

M/s. Indian Oil Corporation Limited Office at Indian Oil Bhavan, FatehBagh, Moosapet, Kukatpally, Industrial Estate, Hyderabad, Rep. by its Executive Director & another ... Appellants AND K.Shekaraiah S/o. Late Rajesham & 6 others ... Respondents JUDGMENT:

Heard Mr. Yogesh Kumar Heroor, learned counsel appearing for the appellants and Mr. T.Bala Mohan Reddy, learned counsel appearing for respondent Nos.1 to 5/writ petitioners.

2. The instant writ appeal is preferred against the order dated 14.07.2025 passed by the learned writ Court in W.P.No.824 of 2025.

3. Learned counsel for the parties, during the course of hearing, fairly submit that the issue involved in this writ appeal has already been considered by this Court in W.A.Nos.97, 105 and 188 of 2026, vide common judgment dated 16.02.2026, and the said judgment squarely covers the present writ appeal as well.

4. The relevant portion of the said judgment dated 16.02.2026 passed in W.A.Nos.97, 105 and 188 of 2026 reads as under:

“6. The question before us is whether the learned Writ Court was right in directing IOCL to vacate the subject land after expiry of the lease period in a writ proceeding. Learned counsel for the writ petitioners/lessors have placed decision rendered on similar facts in National Company v. Bharat Petroleum Corporation Limited and others, (2021) 13 SCC 121 Para 29 of the aforesaid decision is extracted hereunder:

“29. As observed by the High Court, the conduct of Respondent 1 BPCL in continuing with the occupation of the said premises without paying any rent from 31-12-2009 is unbecoming of a statutory corporation, which is a State within the meaning of Article 12 of the Constitution of India. We therefore find that while directing the respondents to vacate the said premises and hand over peaceful and vacant possession to the appellant, it will also be necessary in the interests of justice to direct Respondent 1 BPCL to pay arrears of market rent from 31-12-2009, till the date of delivery of possession at the market rate.”

They have also placed reliance on decision rendered by a Single Bench of this Court in W.P.No.25779 of 2024 dated 13.11.2024, which became final.

7. In the light of the decision referred to hereinabove in the case of National Company (supra), we are of the view that the issue whether a Writ Court can direct IOCL or a Petroleum Company to vacate the premises upon expiry of the lease period or not is not open to be raised specifically when the facts are not in dispute. The lease with IOCL has admittedly expired.

8. In view of the above facts and circumstances and the decisions referred to above, we are of the considered view that the appellants-IOCL should vacate the subject premises latest by 30.06.2026. They should also pay the admissible rent as per the rental

agreement, as revised periodically, till the date of their vacating the subject premises to the writ petitioners (lessors and their legal heirs), without fail.

9. With these observations, the instant Writ Appeals stand disposed of. No costs.”

5. In view of the consensus arrived at, this Writ Appeal is also disposed of in terms of the common judgment dated 16.02.2026 passed in W.A.Nos.97, 105 and 188 of 2026. The appellant should vacate the subject premises latest by 30.06.2026 and pay the admissible rent as per the rental agreement, as revised periodically, till the date of their vacating the subject premises to the writ petitioners (lessors and their legal heirs), without fail.

. However, there shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

______________________________________

APARESH KUMAR SINGH, CJ ______________________________________

G.M.MOHIUDDIN, J Date: 26.02.2026 Note: Registry shall enclose a copy of the judgment dated 16.02.2026 pa

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