Telangana High Court
M/S. Hindustan Auto Centre vs Government Of India on 12 August, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.19194 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief:
"...to issue appropriate writ, order or direction, more particularly, in the nature of Writ of Mandamus declaring the action of the respondents in issuing the notice in Ref.WDO/R/Nil/Selling, dated 07.05.2024 calling explanation from the petitioner for Nil stock level maintenance at the petitioner's retail outlet situated at Bodhan Road, Nizamabad, pending application filed for resitement of outlet, despite the directions passed by the Hon'ble High Court in W.P.No.30495 of 2023, dated 02.11.2023 to consider representation dated 10.08.2023 of the petitioner is illegal, arbitrary, unconstitutional and violation of the principles of natural justice and violation of OMC guidelines dated 02.05.2019 in Clause 1.1.1.(c) and violation of Articles 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to grant the permission for resitement of the petroleum outlet in petitioner's proposed site measuring 2000 sq.yards in Sy.No.100/B/2 situated on National Highway at Narayanpur Village, Manopad Mandal, Jogulamba Gadwal District, Telangana State by considering the petitioner's reply dated 22.05.2024.."
2. It is the case of the petitioner that it has obtained dealership to run retail outlet on commission basis from the respondents-Indian Oil Corporation Limited (for short "IOCL") in a leasehold site situated at Bodhan Road, Nizamabad Town. 2 It is further case of the petitioner that respondents-IOCL entered into a lease agreement with the landlord of the subject preemies on 01.01.1977 to carry on business initially for a period of 15 years i.e., till 1992 and subsequently the lease was extended for a further period of 15 years i.e., till 2007. It is also case of the petitioner that the landlord has not extended the lease and instituted a suit vide O.S.No.21 of 2018 on the file of IV Additional District Judge, at Nizamabad against the respondents-IOCL authorities to vacate the subject outlet. The said suit was decreed vide judgment and decree dated 24.01.2023 and for execution of the same, the landlord has filed E.P.No.54 of 2023. It is further case of the petitioner that the landlord has threatened the petitioner to close the business and vacate the premises and therefore, the petitioner approached the respondent authorities and requested for resitement of the petroleum outlet in proposed site admeasuring 2000 sq.yards in Sy.No.100/B/2 situated on National Highway at Narayanpur Village, Manopad Mandal, Jogulamba Gadwal District, Telangana and when there was no response, the petitioner filed W.P.No.30495 of 2023 on the file of this Court and this Court vide order dated 02.11.2023 3 directed the respondent authorities to consider the representation dated 10.08.2023 submitted by the petitioner for resitement permission within a period of two weeks, but the respondent authorities instead of complying the said orders and granting permission, issued impugned notice dated 07.05.2024 to the petitioner, calling upon to explain the reason for low stock level maintenance in subject retail outlet. It is also case of the petitioner that it has submitted reply dated 22.05.2024 requesting the respondents to consider its case as special case and grant permission for resitement of the petroleum outlet in the proposed site admeasuring 2000 sq.yards situated adjacent to National Highway at Narayanpur Village, Manopad Mandal, Jogulamba Gadwal District, Telangana.
3. The learned counsel for the petitioner has submitted that inspite of the directions dated 02.11.2023 passed by this Court in W.P.No.30495 of 2023 and pending application for resitement of outlet to the proposed site, the respondent No.5 issued impugned notice in Ref.WDO/R/Nil/ Selling, dated 07.05.2024 calling for explanation from the petitioner for Nil stock level maintenance at the subject retail outlet situated at Bodhan Road, Nizamabad, is illegal, arbitrary, unconstitutional 4 and violative of the principles of natural justice, OMC guidelines dated 02.05.2019 in Clause 1.1.1.(c) and also Articles 19, 21 and 300-A of the Constitution of India. The learned counsel prayed this Court to direct the respondents grant the permission to the petitioner for resitement of the petroleum outlet in proposed new location by considering the petitioner's reply dated 22.05.2024.
4. In view of the above submissions and in terms of the orders dated 02.11.2023 passed by this Court in W.P.No.30495 of 2023, this Court deems it appropriate to direct the respondents to examine the representation dated 10.08.2023 and also the reply dated 22.05.2024 submitted by the petitioner and if it found that the petitioner fulfils all the requirements for resitement of the petroleum outlet to the proposed new location, they shall pass appropriate orders in accordance with law, duly communicating the decision to the petitioner. Till completion of aforesaid exercise, no coercive steps shall be taken against the petitioner.
5. Accordingly, this Writ Petition is disposed of. 5
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. No order as to costs.
_________________________________ JUSTICE C.V.BHASKAR REDDY Date: 12.08.2024 scs