WP/29149/2026 of SRI R K MANJUNATH Vs M/S INDIAN OIL CORPORATION LTD. on 29 September 2026

ORAL ORDER

The present writ petition is filed seeking for the following reliefs: "a) Issue an order, direction, writ or any appropriate order, writ in the nature of mandamus directing the respondents 1 to 3 to consider the representation to cancel the dealership dated 01-07-2026, vide Annexure - H;

b) Issue an order, direction, writ or any appropriate order, writ in the nature of mandamus directing the respondents 1 to 3 to terminate KSK retail outlet dealership with the 5th respondent; c)Issue an order, direction, writ or any appropriate order, writ in the nature of mandamus directing the 4th respondent to initiate necessary action against the 5th respondent in accordance with the Petroleum Act, 1934 read with the Petroleum Rules, 2002;

d) Issue an order, direction, writ or any appropriate order, writ in the nature of mandamus directing the 5th respondent to restore possession of the schedule property to the petitioner;

e) Such other reliefs as this Hon'ble Court deems fit in the facts and circumstance of the case."

2. It is pertinent to note here that the petitioner who is stated to be the owner of the property in question had

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executed a registered Lease Deed dated 08.01.2020 (Annexure-F to the writ petition) in favour of respondent No.5 for an initial period of 29 years, commencing from 08.01.2020 on a monthly rent of `1,000/-. The said owner - lessor, who has executed the registered Lease Deed dated 08.01.2020 is before the Court seeking for the various reliefs as noticed above.

3. It is the contention of the petitioner is that the said Lease Deed dated 08.01.2020 is void ab-initio.

4. To a specific query to the learned counsel for the petitioner as to whether any legal proceedings have been initiated to declare the said Lease Deed dated 08.01.2020 as void ab-initi', learned counsel for the petitioner is unable to answer the said question.

5. Further to a question as to whether the said registered Lease Deed dated 08.01.2020 has in any manner been cancelled, the learned counsel for the petitioner submits that no material has been placed on record to indicate that the petitioner has in any manner cancelled the registered lease deed dated 08.01.2020.

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6. The material on record would indicate that various other documents have been executed by the lessee pursuant to the said registered Lease Deed dated 08.01.2020.

7. Having regard to the aforementioned factual matrix seemingly the innocuous case sought to be put forth by the petitioner in the present writ petition is ex-facie unmerited. The petitioner seeks to agitate various civil rights by virtue of the present writ petition. In the present writ petition, the entire factual matrix is not averred only certain facts have been averred by the petitioner with the object of this Court passing an order on such incomplete facts. The filing of the present petition is a clear case of abuse of the process of this Court.

8. Learned counsel for the petitioner seeks to rely upon various judgments in support of the contention that the petitioner is entitled for a writ of mandamus for consideration of his representations. However, the judgments sought to be relied upon by the learned counsel for the petitioner is in a completely different factual matrix and not in a similar fact situation, where the petitioner is contending that the Lease

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Deed executed by the petitioner is void ab-initio without any civil proceedings having been initiated in this regard.

9. Accordingly, the writ petition is dismissed.

(C.M. POONACHA) JUDGE

PNV - List No.: 1 Sl No.: 8