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2026 DAILYLAW 42888 (KAR)

SRI R K MANJUNATH v. M/S INDIAN OIL CORPORATION LTD.

WP/29149/2026 · 2026-09-29

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010639862026 NC: 2026:KHC:53895 WP No. 29149 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29149 OF 2026 (GM-RES) BETWEEN: SRI. R.K. MANJUNATH S/O. R.V. KRISHNAPPA AGED ABOUT 47 YEARS RESIDING AT RONURU VILLAGE, RONURU HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 135. …PETITIONER (BY MS. CHARISHMA, ADVOCATE FOR SRI. L. VENKATARAMA REDDY, ADVOCATE) AND: 1. M/S INDIAN OIL CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN REGISTERED OFFICE AT INDIAN OIL BHAVAN G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI - 400 051, MAHARASHTRA. 2. SENIOR DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LIMITED. 3. DIVISIONAL RETAIL SALES HEAD, INDIAN OIL CORPORATION LIMITED. THE RESPONDENTS NO.2 AND 3 HAVE THIER OFFICE AT INDIAN OIL CORPORATION LIMITED, - 2 - HC-KAR CNR: KAHC010639862026 NC: 2026:KHC:53895 WP No. 29149 of 2026 MARKETING DIVISION, BANGALORE DIVISIONAL OFFICE, NO.28, 1ST FLOOR, ANJUMAN KAY ARR TOWER, P. KALINGA RAO ROAD, (MISSION ROAD) BENGALURU 560 027, KARNATAKA. ALSO AT INDIAN OIL CORPORATION LTD (MARKETING DIVISION), INDIAN OIL BHAVAN, NO. 22, MAHADEVAPURA, WHITEFIELD MAIN ROAD, K R PURAM, BENGALURU - 560 016, KARNATAKA. 4. CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO) OFFICE AT A-BLOCK, 5TH FLOOR, CGO COMPLEX, SEMINARY HILLS, NAGPUR - 440 006, MAHARASHTRA. 5. MR. B.N.KRISHNA REDDY RAMAKRISHNA EXTENSION, SRINIVASPUR TOWN, KOLAR DISTRICT - 563 135, KARNATAKA. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS 1 TO 3 TO CONSIDER THE REPRESENTATION TO CANCEL THE DEALERSHIP DATED 01-07-2026, VIDE ANNEXURE - H AND ETC. - 3 - HC-KAR CNR: KAHC010639862026 NC: 2026:KHC:53895 WP No. 29149 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA 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 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010639862026 NC: 2026:KHC:53895 WP No. 29149 of 2026 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. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010639862026 NC: 2026:KHC:53895 WP No. 29149 of 2026 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 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010639862026 NC: 2026:KHC:53895 WP No. 29149 of 2026 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 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA