Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RAJESH MAZUMDAR
Ashok Das S/o Late Mathura Das – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
1. 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 sus
Unauthorized occupation of property without legal authorization constitutes wrongful occupation, and a mere continuation of operations post-lease expiration does not confer rights. The Court retains ....
The main legal point established in the judgment is that the expiration of a lease, suppression of material facts, and the effect of holding over under the Transfer of Property Act, 1882 were central....
The court established that a writ petition for eviction is maintainable when the facts are straightforward, and public sector undertakings are not above the law regarding lease agreements.
The court emphasized that termination of a dealership must follow due process and that Writ jurisdiction can be invoked when fundamental rights are at stake, despite the existence of alternative reme....
A license for a petroleum outlet automatically expires with the lease, permitting writ relief against authorities for cancellation without a formal request if substantial grounds exist.
The continued occupation of leased property by a public body post-expiration is arbitrary and warrants judicial intervention under Article 226 of the Constitution.
Public authorities must adhere to legal standards and principles of natural justice when making decisions affecting property rights.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
