Smt. Kousar Jahan Begum v. lndian Oil Corporation Limited

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 direct the Respondenls'port 101tA2 .,trri;i ,ilr"rro to its orrsinai"r".,',"i" !fl!:,.,.y#Y:;n':ll"flXo# MJndar pending disposal of the wrrt petition. Counset for the petitioner; 151 CpC praying that in th_e circr nstances stated in of the petition, ine Higr, corrr lirvlu ,,"-jllo ,. restore the land admeasunng Ac.t t 2 guntas,n Sy.No ,,.igl,.!lov'J*t,.i.' nent and t tderground tanks. = SRI B. ADINARAYANARAO, SEN ( )R COUNSEL sRr sRrN /E; ;A;. SSPDE|=r?=UNI'NG 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 PET ITION No. 372 77 of 202s

77.L 2.202s Between: Smt. Kousar Jahan Begum AND Indian Oil Corporation Limited & two others ORDER: .., Petitioner ...Respondents : i l 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. 3. This 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, original position after expiry of the lease period consequential direction to hand over peaceful Sangareddy Dlstrict, to its on 30. 11.2017, and for a possession of the subject premises to the petitioner I inaction of guntas in

1. Learned Senior Counsel for the pgtitioner submits that the iease '.!!*q%- i\ 2 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. ' leased premises by he issue involved in )mmon order dated Lod is arltitrary and bre prays that this Lr-rd 18813 of 2024, acate the premises \

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. 6 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 / ) - 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 LEKH STRAR //TRUE COPY// SECTION OFFICER \ 2 To,

1. The Executive Director and State Head, lndian Oil Co rporation Limited, Having its reg istered office at lndian oil Bhavan, G-9, All Ya var Jung Marg' Band ra (East) Mumbai - 400 051 Having its State Office at lndian Oil Bhavan, Fatehbagh' MoosaP et, Kuka tpallY lndustrial Estate' Telangana - 5000 018 n Oil CorPoration Limited, Nizamabad Divisional Office .SvN o. 406, Atlantis CaPital, Kanteshwar BYP ass Road, Divisionrl Retai I Sale s Head Dealer), Sy.No. 101/A2, PastaPur Village' ina - 503 003 mabad, Telang ( Station Sai Charan Filling GoPanP alli, Niza Zaheera bad Mandal' SangareddY District. One CC to SRI SRIN IVASA RAO BODDU LURI, Advocate IOPUC] INIC FERNA NDES (SCFO R locl) [oPUCI One CC to SRI DOM Two CD CoPies BN

3. M/s. Sri 4 E 6 HIGH COURT DATE D:1 711212025 ORDER WP.No.37277 of 2025 i afg'iF"-;;; i€ I,( () .._) 2 4 0t-tl:'i;i \ T' ...,?r_Spr1.,:i ALLOWING THE WRIT PETITION WITHOUT COSTS