M/S. Indian Oil Corporation Limited vs Sri Umesh Kumar
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Telangana High Court

M/S. Indian Oil Corporation Limited vs Sri Umesh Kumar on 11 February, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

                                   AND

           THE HON'BLE SMT. JUSTICE RENUKA YARA

                   WRIT APPEAL No.1194 of 2024

JUDGMENT:

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Sri Dominic Fernandes, learned Standing Counsel for Indian

Oil Corporation Limited, for the appellants and Ms. K.Jayasree,

learned counsel appearing for Sri Kakara Venkata Rao, learned

counsel for respondent No.5.

2. This intra Court appeal takes exception to the order passed

in W.P.No.2709 of 2018 decided on 05.06.2023.

3. Learned Standing Counsel for the appellants submits that

the learned Single Judge directed the appellants to vacate the

subject premises and, in addition, directed that the damages for

illegal occupation of the premises, as demanded by the

respondents (writ petitioners), after expiry of the lease period with

interest @ 6% per annum with effect from 01.04.2015 till the date

of payment be paid. He further submits that so far vacation part

is concerned, the appellants are not aggrieved by the order of the

learned Single Judge. So far the claim of damages are concerned,

in relation to the same property, COS No.19 of 2019 is filed by the

respondents which is pending consideration before the trial Court.

The damages etc., can be decided in the said matter and to the

extent of granting damages by the learned Single Judge, the order

may be interfered with.

4. Learned counsel for the respondents fairly admitted that so

far the claim of rent and damages are concerned, COS No.19 of

2019 filed by the respondents is pending before the trial Court.

On more than one occasion, learned counsel for the respondents

submits that COS No.19 of 2019 was finally heard in February

2024 and reserved for judgment. But, the judgment in the said

case has not been delivered.

5. On a specific query from the Bench, learned counsel for the

respondents fairly admitted that the claim of rent and damages for

the same property is subject matter of challenge in COS No.19 of

2019 which is pending. In this view of the matter, we are unable

to countenance the order of the learned Single Judge to the extent

of directing payment of damages and rent. The said portion of the

impugned order passed by the learned Single Judge is set aside.

However, it is made clear that the question of grant of rent and

damages will be decided in COS No.19 of 2019 by the trial Court.

If it is correct that the said matter is reserved for judgment as

projected by the learned counsel for the respondents, it will be

lawful for the trial Court to decide the matter expeditiously,

preferably within thirty days from the date of production of copy of

this order. At this stage, learned Standing Counsel for the

appellants submits that if the subject premises has not been

vacated by the appellants, it shall be positively vacated by them

within sixty days from today.

6. The impugned order passed by the learned Single Judge

stands modified accordingly and the Writ Appeal is

partly allowed. It is made clear that this Court has not expressed

any opinion on the merits of the case. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ SUJOY PAUL, ACJ

__________________________ RENUKA YARA, J 11.02.2025 sa/vs