Neutral Citation No. - 2025:AHC:50314-DB Court No. - 40 Case :- WRIT - C No. - 10125 of 2025 Petitioner :- M/S Kishan Auto Service And Another Respondent :- Indian Oil Corporation Ltd And 2 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- Anand Tiwari Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for the following reliefs:- "A. Issue a writ, order, rule or direction in the nature of mandamus directing to the respondents to remove the four dispensing pump and four underground tank as well as all of their machinery, tools and other items from the land of the petitioner forthwith, so that justice be done otherwise the petitioner shall irreparable loss and injury B. Issue a writ, order, rule or direction in the nature of mandamus directing to the respondents to pay the damages of Rs.39,60,000/- and the amount of Rs. 7,60,000/- along with the interest of N.O.C. and IRGS deposited by the petitioner on 04.10.2024 with the respondents, so that justice be done otherwise the petitioner shall irreparable loss and injury. C. Issue writ, order, rule or direction in the nature of mandamus commanding the respondents and directing them to continue to pay the further amount of damages to the petitioner along with the interest for illegal occupation of the petitioners land till the date of actual removal of their possession from the land of the petitioner, So that justice be done otherwise the petitioner shall irreparable loss and injury. , So that justice be done otherwise the petitioner shall irreparable loss and injury. D. To issue such other and further appropriated writ, order or direction which this Hon'ble court may deem, fit and proper under the facts and circumstances of the case. E. To award the cost of petition in favour of the petitioner." 3. Learned counsel appearing on behalf of the respondents has submitted that since the writ petition filed by the petitioner was withdrawn on April 2, 2025, they are now in a position to take away the materials that is lying at the petitioner's premises. He, however submits that certain time may be granted for the same. 4. Upon considering the same, we direct the respondent authorities to remove the four dispensing pump and four underground tank as well as all of their machinery, tools and other items from the land of the petitioner within a period of eight weeks from date. With regard to the second prayer in the petition for damages, we are not entering into the merits of the same and relegating the petitioner for filing of suit or any other mechanism available to it under the law. 5. With the above direction, the writ petition is disposed of. Order Date :- 8.4.2025 Kpy (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad