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.
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
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
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.
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
