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2025 DAILYLAW 54012 (KAR)

R S MURALI v. INDIAN OIL CORPORATION

WP/14907/2022 · 2025-10-14

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40694 WP NO.14907 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14907 OF 2022 (GM-RES) BETWEEN: R.S. MURALI S/O R. SESHAIAH NAIDU, AGED ABOUT 56 YEARS, R/AT NO.98, 1ST FLOOR, 'SITA SAGAR', 2ND MAIN, DUE ENCLAVE, KODICHIKKANAHALLI MAIN ROAD, BENGALURU - 560 076. …PETITIONER (BY SRI. ROBERT D'SOUZA, ADVOCATE) AND: 1. INDIAN OIL CORPORATION (REGD. UNDER THE COMPANIES ACT) MARKETING DIVISION, KARNATAKA STATE OFFICE, 'INDIAN OIL BHAVAN', NO.29, P. KALINGA RAO ROAD (MISSION ROAD), BENGALURU - 560 027. 2. SRI. R. SESHAIAH NAIDU S/O VENKATARAMA NAIDU, AGED ABOUT 96 YEARS, R/AT NO.E-6, VILLA RANKA COLONY, BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU - 560 076. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40694 WP NO.14907 OF 2022 3. SRI. R. RAVI KUMAR S/O VENKATARAMA NAIDU R/AT NO.E-6, VILLA RANKA COLONY, BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU - 560 076. 4. SRI. R.S. RAMESH S/O R. SESHAIAH NAIDU AGED ABOUT 54 YEARS, R/AT NO.E-6, VILLA RANKA COLONY, BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU - 560 076. 5. R.S. MOHAN S/O R. SESHAIAH NAIDU, AGED ABOUT 50 YEARS, R/AT NO.104, 'D' BLOCK, 1ST FLOOR, SUAVITY OTIUM APARTMENT, YELENAHALLI MAIN ROAD (OPPOSITE KOTAK MAHINDRA BANK), BENGALURU - 560 068. …RESPONDENTS (BY SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R1; SRI. SANDEEP PRAVEEN, ADVOCATE FOR R2 AND R4; SRI. S.V. BHAT, ADVOCATE FOR R3; SRI. K. VENKATESH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO REVERT AND ENTRUST THE COCO OUTLET AT BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU SOUTH TO M/S MEENAKSHI FILLING STATION SITUATED AT SURVEY NOS.175 AND 176 OF BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU - 560 076 PURSUANT TO ANNEXURE-A AND OTHER ANNEXED DOCUMENTS; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH - 3 - HC-KAR NC: 2025:KHC:40694 WP NO.14907 OF 2022 ORAL ORDER The prayer sought for in the petition reads as under: "(1) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent-1 to revert and entrust the COCO outlet at Bilekahalli, Bannerghatta Road, Bengaluru South to M/s. Meenakshi Filling Station situated at Sy.No.175 and 176 of Bilekahalli, Bannerghatta Road, Bangalore-560076 pursuant to Annexure-A and other annexed documents in the interest of justice and equity. (2) Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case including an order as to costs in the interest of justice and equity." 2. Heard learned counsel appearing for the parties. 3. It is argued by learned counsel appearing for the petitioner that the petitioner and respondents 3 to 5 are brothers, who are the children of the respondent No.2 and their land has been leased to the respondent No.1 for opening COCO outlet. 4. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ - 4 - HC-KAR NC: 2025:KHC:40694 WP NO.14907 OF 2022 petition, I am of the view that the writ of mandamus would not lie against the respondent No.1 in view of the disputed question of facts are involved in the writ petition. Accordingly, writ petition is dismissed. In view of disposal of the petition, pending applications does not survive for consideration. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 5