Rainbow Filling Station Vs The Union of India… — Writ and Judicial Review | Telangana HC (2025)

Rainbow Filling Station Vs The Union of India… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition; writ petition dismissed as withdrawn with no order as to costs; pending miscellaneous petitions, if any, closed.

Issue for consideration

Whether the undated order in Crl M.P. No. 211 of 2025 of the 2nd Additional Senior Civil Judge-cum-2nd Addl. Judicial First Magistrate, Malkajgiri Courts, Malkajgiri-Medchal District, implemented by Respondent No. 4 (who took physical possession without handing over orders/relevant documents), ought to be declared unlawful, set aside, and possession recovered from Respondents 2 and 3 and handed to the petitioners. +1 more

Ratio / Principle

Upon learned counsel's submission that the petitioner was not in a position to comply with the docket order dated 09.10.2025 passed by this Court and had instructed him to withdraw the case, the Court accorded permission to withdraw the writ petition.

Key takeaways

Accordingly, the Writ Petition is dismissed as withdrawn.ratio¶33
There shall be no order as to costs.ratio¶34
Miscellaneous petitions pending, if any, shall stand closed.ratio¶35

Detailed headnote1 paragraphs

High Court for the State of Telangana (Special Original Jurisdiction), Writ Petition No. 30321 of 2025, decided 17-11-2025 by Justice Nagesh Bheemapaka. Petition under Article 226 of the Constitution of India challenging the implementation by Respondent No. 4 of undated court orders in Crl M.P. No. 211 of 2025 of the learned 2nd Additional Senior Civil Judge-cum-2nd Addl. Judicial First Magistrate, Malkajgiri Courts, Malkajgiri-Medchal District, whereby physical possession was taken without handing over copies of orders/relevant documents; sought recovery of possession from Respondents 2 and 3 and quashing of the said order; IA No. 1 of 2025 under Section 151 CPC sought stay of proceedings and release of seized property. At hearing, counsel for the petitioner submitted inability to comply with the docket order dated 09.10.2025 and sought leave to withdraw; permission was accorded, the writ petition was dismissed as withdrawn with no order as to costs, and pending miscellaneous petitions stood closed. No point of merit was adjudicated; the order contains no ratio on the underlying dispute.

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rN rHE^{H|GH couRrf8|o',ffotJf;o"oF TELANGANA}

(SPecial^{Original Jurisdictlon)}

MONDAY,THE^{SEVENIt ENTHDAY OF NC'VEMBER} '''"''"'TWo IHousAND AND TWf NTY^Fl/E

PRESENT

THE HONOURABLE^{SRI JUSTICE NAGESHBI'IEEMAPAKA}

WRIT^{PETITI ONN} O: 303 21 oF 202_5

Between:

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...pETl,oNER

AND

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...RES'ONDENTS

Petition^{under Article226 ol lhe Constitutionof lndia praying that in the} circumstances^{stated in the affidavrt filed therewith' the High Court may be} pleased^{to issuea writ or order or direction more particularly in the naturewritof} mandamus^{declarethe in action o{ the Respondent No 4 herein has implemented} undated^{court orders bearingCrl M P No.211 ol 2025 'and the 4th Respondent} herein^{has takenthe on"l"'' possession,::::.t::;,J::r:H#::Tli} orders^{or relevant documents to the petitioners herett} is iust^{and necessary to dlrect the 4th Respondentherein to recovery the} possession^{from the 2nd and 3rd Respondentsherein and to handovsl ts the}

petitioners^{herein consequently to set aside the undated cr:urt orderin Crl tr/l.P No'} ?11 of^{2025 passedby the l-earned 2nd Additional SeniorCivil Judge-Cum-2nd} Addl. Judicial^{First tVlagrstrate at MalkajrgiriCourts'Malkaiigrri-Medchal District'}

IA NO 1 0F 2025

Petltron^{under Sectror151 CPCprayrngthat ;n tlre circumstancesstatedin} the affrdavrt^{filedrn supportof the petrtion the HighCourt rnay be pleased pleased} to stay^{all further undatecl proceedrngsin Crl M P No21 " of 2A25 orders passed} by the^{Learned 2nd AddrtionalSenior Crvil Judge-Cum-2ndAddl.JudicialFirst} It4agistrate^{at IVlalkaligrrr Cotrrts'Ir/alkaiigrrr-lvledchalDistrlct consequentlyrelease} the seized^{property by the 1'th Respondent and handoverlo the petitloner from the} 2nd and^{3rd Respondents herein andhandoverthe sanre to the petitioner heretn}

Courrsel^{for the Petitioner: SRI DANTU VENKATA RAMANA SARMA}

Counsel^{for the Respondent No''1 : SRI N BHUJANGA RAODeputy Solicitor} General^{of lndia}

Counsel^{for the Respondent Nos 2to4:--}

The Court^{madethe following:ORDER}

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.3O321 OF 2025

ORDER:

When the matter rs taken r-rp for hearing, learned counsel for the petitioner submitted that the petitioner is not in a posltion to compiv u,ith the docket order dated 09.1O.2025 passed by this Court and has instructed him to withdra$, the case. Therelore, he seeks permission of this Court to u ithdrarv tl-re petition

Permission as sought for is accorded

3, Accordir-rgly, the Writ Petition is dismissed as

u,ithdrawn. There shall bc no order as to costs.

Miscellaneous petitions per-rdir-rg, if any, shall stand

closed.

SD/-A. SRINIVASA^REDDY SISTANT^REGISTRAR

//TRUE COPY//

SECTION^OFFICER

To,

1 One CC to^{SRI DANTU VENKATA RAMANA SARM/' AdvocateTOPUCI} RAo, DePutl'^{Solicitor Generalof}

2 One CC^{to SRI N BHUJANGA} lndia. Advocate [OPUCI

3 Two CD CoPies

PVL ,,W" BS

HlGH COURT

DATED: 1711112025

ORDER

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WP.No.30321 of²⁰²⁵

DISMISSING^{THE WRIT PETITION} AS WITHDRAWN^{WITHOUT COSTS} :,)x s ( 613(21