Telangana High Court
WP/37277/2025 of Smt. Kousar Jahan Begum Vs Indian Oil Corporation Limited on 17 December 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 37277 OF 2O25 Between: AND 1 Smt. Kousar Jahan Begum, W/o. Late
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 37277 OF 2O25
Between:
AND
Smt. Kousar Jahan Begum, W/o. Late Khaja Mahmood, Aqed about 65 vears, Occ: Housewife, Rl/o. 4-1-'183, Ananthdgiri Road, Vik-arabad, Vikarabacj District.
...PETITIONER
lndian Oil Corporation Limited, Having its registered office at lndian Oil Bhavan, G-9, AII Yavar Jung Marg, Bandra (East) lVumbai - 400 05 j Having its State Office at lndian Oil Bhavan, Fatehbagh, Moosapet, Kukatpally lndustrial Eslate, Telangana - 5000 0lB Represented by its Executive Director and State Head.
Divisional Retail Sales Head lndian Oil Corporation Limited, Nizamabad Divisional Office. Sy.No. 406, Atlantis Capital, Kanteshwar Bypass Road, Gopanpalli, Nizamabad, Telangana - 503 003.
M/s. Sri Sai Charan Filling Station (Dealer), Sy.No. 10't/A2, pastapur Viflage, Zaheerabad Mandal, Sangareddy District.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cou( may be pleased to pass an order or orders or direction more particularly one in the nature of a writ of Mandamus declaring inaction of the Respondents in restoring land admeasuring Ac.1 .02 guntas in Sy.No. 101/A2, situated at Pasthapur Village, Zaheerabad Mandal, Sangareddy District to its original position after removing equipment and the underground tanks etc and handing over peaceful possession in-spite of expiry of Lease Period on 30.11.2017, cancellation of NOC by District Collector, Sangareddy vide Proc. No. C31264112025 dated 06-11-2025, cancellation of Form-B Licence (Licence No. 123) by District Civil Supplies Officer vie proceedings No. CSDl2B5l2025 dated '1 1 .11.2025 and cancellation of explosive license by Deputy Chief Controller of Explosives dated 19.11.2025, permanently cancelling the Respondents' licence as wholly illegal, arbitrary, unjust and contrary to the provisions of Petroleum Rules, 2002 and consequenfly -/
;:g:".1Jnn;:TJtl:ffi,':Jesto.re to its orisinar state anr handover peacerur IA NO: 10F 2025
Petition under Ser
the affidavit filed in suolr-on
151 CpC praying that in th_e circr nstances stated in direct the Respondenls'port of the petition, ine Higr, corrr lirvlu ,,"-jllo ,.
101tA2 .,trri;i ,ilr"rro
restore the land admeasunng Ac.t t 2 guntas,n Sy.No to its orrsinai"r".,',"i" !fl!:,.,.y#Y:;n':ll"flXo# MJndar = ,,.igl,.!lov'J*t,.i.'
pending disposal of the wrrt petition.
nent and t tderground tanks.
Counset for the petitioner; SRI B. ADINARAYANARAO, SEN ( )R COUNSEL
SSPDE|=r?=UNI'NG sRr sRrN /E; ;A;.
Counsel for the Respondent No.1 & 2: SMT. pRAV, s R, DoM, N rc filffii^iB! j,iBEltH"",_, Counsel for the Respondent No.3: - _ - - The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT
Between:
Smt. Kousar Jahan Begum
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ORDER:
ITION No.372
77. L 2.202s AND PET 77 of 202s .., Petitioner Indian Oil Corporation Limited & two others I Heard Mr' B' Adinarayana Rao, learned Senior counsel representing Mr' Srinivasa Rao Bodduluri, learned counsel for the petitioner and Smt. Pravarika' learned counser representing Sri Dominic Fernandes, rearned Standing Counsel for IOCL, for respondent Nos, 1 and 2.
2. Despite service of notice, none appeared for respondent No.3. wnt petition is filed seeking a writ of Mandamus declaring the the respondents in restoring the land admeasuring Ac. 1.02 Sy.No. 101/A2, Pasthapur Village, Zaheerabad Mandal,
3. This inaction of guntas in Sangareddy Dlstrict, to its on 30. 11.2017, and for a ...Respondents original position after expiry of the lease period consequential direction to hand over peaceful possession of the subject premises to the petitioner
1. Learned Senior Counsel for the pgtitioner submits that the iease i\ : i l '.!!*q%- period has expired and all statutory permissions inr:.'rding NOC, Form,B Licencc and cxplosive licence have bcen cancellerl by thc competenl authorities. Despite the same, the respondents ha'c failed to vacate the subject premises and restore the land to tts originiL. cor-rdition. Learned Senior Counsel for the petitioner further submits that the present writ petition is squarely covered by the: 13.11.2024 passed by this Court in W.p. Nos. 25779 wherein tl-ris Court held that Lhe continued occupation I a public sector oil company after expiry of the lease pe r illegal, and conseque ntly directed the oil company to \ and hand over possess,cn to the landowners, and there Court may pass a similar order in the present case. \
5. Learned Standing Counsel for the respondenr r _IOCL vehemently opposes [he writ petition contending that the dis r rte arises out of contractual obligatior-rs and that the petitioner is not,: rtitled to the relief sought under Article 226 of the Constitution of India.
This court has considered the submissions of bor r sides. It is not in dispute that the lease periocr has expired and that th,: staLutorv ricences granted to the respondents stand cancelred. The issue r.r sed in the present writ petition is identicar to the issue decided by this Ccr rt in the common he issue involved in )mmon order dated Lr-rd 18813 of 2024, ' leased premises by Lod is arltitrary and acate the premises bre prays that this /
- ) J order dated 13.11.2024 in W P' Nos'25779 and 18813 ol 2024' The said order squarely applies to the facts of the present case'
7. Accordingly, in terms of the common order dated 13 11 2024 passed by this Court in W.P. Nos'25779 and 18813 of 2024' tlrlis writ petition is allowed.Therespondentsaredirectedtovacatethesubjectpremises' restorc thc Iancl to its original position, and hand over peaccful possession to lhc petitioner within a period of two months from the date of receipt of a copy of [his order. No costs' Pending miscellaneous applications' if any' shall stand closed. P.C. SU SSISTANT //TRUE COPY// SECTION OFFICER To, 1. The Executive Director and State Head, lndian Oil Corporation Limited, Having its registered office at lndian oil Bhavan, G-9, All Yavar Jung Marg' Band ra (East) Mumbai - 400 051 Having its State Office at lndian Oil Bhavan, Fatehbagh' MoosaP et, KukatpallY lndustrial Estate' Telangana - 5000 018 I Sales Head n Oil CorPoration Limited, Nizamabad lndia LEKH STRAR
Divisional Office.SvNo. 406, Atlantis CaPital, Kanteshwar BYPass Road, Divisionrl Retai
3. M/s. Sri GoPanPalli, Niza Sai Charan Filling mabad, Telang Station ina - 503 003 Dealer), Sy.No. 101/A2, PastaPur Village' ( Zaheera bad Mandal' SangareddY District. One CC to SRI SRINIVASA RAO BODDU LURI, Advocate IOPUC] One CC to SRI DOM Two CD CoPies
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BN INIC FERNANDES (SCFO R locl) [oPUCI \
HIGH COURT DATE D:1 711212025
ORDER
WP.No.37277 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS i€ I, ( () .._) \ 2 4 0t-tl:'i;i T' li ...,?r_Spr1.,:i i afg'iF"-;;;