SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Tel) 59750

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Smt. Kousar Jahan Begum – Appellant
Versus
Indian Oil Corporation Limited – Respondent
WP 37277/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.37277 of 2025

17.12.2025 Between:

Smt. Kousar Jahan Begum …Petitioner AND Indian Oil Corporation Limited & two others …Respondents

ORDER:

Heard Mr. B. Adinarayana Rao, learned Senior Counsel representing Mr.Srinivasa Rao Bodduluri, learned counsel for the petitioner and Smt. Pravalika, learned counsel representing Sri Dominic Fernandes, learned Standing Counsel for IOCL, for respondent Nos.1 and 2.

2. Despite service of notice, none appeared for respondent No.3.

3. This writ petition is filed seeking a writ of Mandamus declaring the inaction of the respondents in restoring the land admeasuring Ac.1.02 guntas in Sy.No.101/A2, Pasthapur Village, Zaheerabad Mandal, Sangareddy District, to its original position after expiry of the lease period on 30.11.2017, and for a consequential direction to hand over peaceful possession of the subject premises to the petitioner.

4. Learned Senior Counsel for the petitioner submits that the lease period has expired and all statutory permissions including NOC, Form-B Licence and explosive licence have been cancelled by the competent authorities. Despite the same, the respondents have failed to vacate the subject premises and restore the land to its original condition. Learned Senior Counsel for the petitioner further submits that the issue involved in the present writ petition is squarely covered by the common order dated 13.11.2024 passed by this Court in W.P. Nos. 25779 and 18813 of 2024, wherein this Court held that the continued occupation of leased premises by a public sector oil company after expiry of the lease period is arbitrary and illegal, and consequently directed the oil company to vacate the premises and hand over possession to the landowners, and therefore prays that this Court may pass a similar order in the present case.

5. Learned Standing Counsel for the respondents–IOCL vehemently opposes the writ petition contending that the dispute arises out of contractual obligations and that the petitioner is not entitled to the relief sought under Article 226 of the Constitution of India.

6. This Court has considered the submissions of both sides. It is not in dispute that the lease period has expired and that the statutory licences granted to the respondents stand cancelled. The issue raised in the present writ petition is identical to the issue decided by this Court in the common order dated 13.11.2024 in W.P. Nos.25779 and 18813 of 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, this writ petition is allowed. The respondents are directed to vacate the subject premises, restore the land to its original position, and hand over peaceful possession to the petitioner within a period of two months from the date of receipt of a copy of this order. No costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Dated 17.12.2025 myk

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top