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2025 Supreme(Gau) 1914
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RAJESH MAZUMDAR, J.
Ashok Das S/o Lt. Mathura Das - Appellant
Vs.
The Indian Oil Corporation Ltd And Ors. - Respondent
WP(C) No. 4499 of 2020
Decided On : 11-11-2025
Advocate Appeared:
For the Appellant :Mr A C Borbora, Sr. Adv., Mr M Smith Advocate
For the Respondent: Mr D K Sarmah
Petroleum Corporation's continued operation of a retail outlet after lease expiration was illegal due to lack of proper authorization, reaffirming the landowner's rights under Article 226.
Headnote:(A) Constitution of India - Article 226 - Action against unauthorized use of land for retail outlet - No valid lease or license agreement for operation of petrol station on the petitioner’s land - The Court determined that the Indian Oil Corporation was illegally operating a petrol pump without authorization and directed it to vacate the premises. (Paras 11-20)
(B) Writ Jurisdiction - Nature of - The Court concluded that there were no complicated questions of fact that required investigation, thus meriting the exercise of writ jurisdiction to provide relief. (Para 12)
Facts of the case:
The petitioner, claiming ownership of a plot of land, challenged the operation of a petrol station run by the Indian Oil Corporation without valid legal documents or authorization. The previous lease had expired in 2017 and no valid agreements existed thereafter.
Findings of Court:
The respondent Indian Oil Corporation was directed to vacate the premises within three months, and the petitioner’s right to claim arrears was acknowledged.
Issues: The primary issues included the validity of the lease and whether the Indian Oil Corporation had legal authority to operate on the petitioner’s land.
Ratio Decidendi: The court held that continued operation post-lease expiration without valid authorization constituted wrongful occupation, dismissing claims of legal authority by the Indian Oil Corporation.
Result: Writ Petition allowed.
JUDGMENT AND ORDER :
(Rajesh Mazumdar, J.)
Heard Mr A C Borbora, learned Senior Counsel, assisted by Mr M Smith, learned counsel for the petitioner. Also heard Mr D K Sarmah, learned counsel appearing for the respondent Nos. 1 to 3.
2. This matter had been heard on 04.11.2025, extensively, and was directed to be listed again today for submission of written arguments on behalf of the contesting parties. The written submissions having been submitted, the Judgment and Order was reserved.
FACTS DEPICTED IN THE WRIT PETITION:
3. This petition under Article 226 of the Constitution of India has been filed by the petitioner, being aggrieved by the action of the respondent Nos. 1, 2 and 3, in using the land of the petitioner to run a rental outlet for petroleum products, even in absence of any valid lease/license documents being executed in favour of the said respondents or the person to whom, the license for such retail shop has been awarded by the respondent Nos. 1, 2 and 3. The prayers made in the writ petition are listed hereinbelow for a ready reference:-
“(A) A writ in the nature of Mandamus shall not be issued directing respondent authorities in the Indian Oil Corporation Limited to immediately suspend/stop/shift the operation of the petrol pump operating under the name and style of M/s Purnima Filling Station which is being operated from the land belonging to the petitioner, and/or;
(B) A writ in the nature of Mandamus shall not be issued directing the respondents in the Indian Oil Corporation Limited to remove all fuel vending and pumping paraphernalia which is present on the land belonging to the petitioner and/or;
(C) A writ in the nature of Mandamus shall not be issued directing the respondents in the Indian Oil Corporation Limited to forthwith consider the representations filed by the petitioner and take necessary action as per law and/or;
(D) A writ in the nature of Mandamus shall not be issued directing the respondent No. 4 to consider the representation dated 06.01.2020, filed by the petitioner and pass appropriate order as per law and;
Upon cause/causes that may be shown, after hearing the parties and upon perusal of the records be pleased to make the Rule absolute and/or to pass any other appropriate order or direction as to Your Lordships may deem fit and proper in the facts and circumstances so as to give full and complete relief to the petitioner.
-AND-
Pending disposal of the writ petition, Your Lordships may be pleased to direct the respondent authorities to suspend/stop operations of the M/S Purnima Filling Station and/or to pass such further or other Order(s) as Your Lordships may deem fit and proper in order to give adequate interim protection to the petitioner.”
4. As per the statements made in the writ petition, the petitioner claimed to be the owner and possessor of a plot of land measuring around 2 Bighas under Patta No. 42 Dag No. 274, in the revenue village of Dharmatol, Mouza-Uttar Khula, which is adjacent to the Highway No. 37, in the district of Morigaon, Assam. On being approached by one Mukul Bordoloi (since deceased), the petitioner had entered into a lease with Mukul Bordoloi for the purpose of setting up a retail outlet for sale of permitted petrol and diesel. The lease agreement was for a period 20 years from 21.08.1997. After setting up of the retail outlet, which the petitioner asserts in the writ petition to have been done with his help and under Power of Attorney executed by Mukul Bordoloi, Sri Mukul Bordoloi successfully operated the outlet for several years. The lease for the land in favour of Sri Mukul Bordoloi expired in the year 2017. However, the business continued to run on the said plot of land, even thereafter. The writ petitioner asserts that in the year 2017, he came to know that Sri Mukul Bordoloi had executed a Power of Attorney in favour of the respondent Nos. 5 and 6 in this writ petition, and that the said General Power of Attorney had been revoked on 29.05.2017. The writ petition, therea
