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2024 Supreme(Raj) 414

SHREE CHANDRASHEKHAR, KULDEEP MATHUR
Indian Oil Corporation Ltd. , through its Managing Director – Appellant
Versus
Subodh Dhussa, S/o. Shri Subhash Dhussa – Respondent


Advocates Appeared:
For the Appellant :Mr. Sandeep Shah, Sr. Advocate assisted by Ms. Akshiti Singhvi.
For the Respondent: Mr. S.S. Ladrecha, AAG assisted by Mr. D.S. Pidiyar, Mr. Vivek Mathur, Mr. Harshvardhan Thanvi.

ORDER :

Shree Chandrashekhar, J.

The Indian Oil Corporation Limited (in short, ‘IOCL’) seeks to challenge the direction issued by the writ Court to handover peaceful possession of the subject land to the respondent no.1 within six weeks.

2. S.B. Civil Writ Petition No.44/2024 was filed by respondent no. 1 who is the lessor seeking a direction upon the IOCL and its Regional Manager to vacate the land comprised under khasra no. 260 at village Shivbari in the Tehsil and District of Bikaner. According to the lessor, on expiry of the period of nineteen years and seven months under the lease agreement dated 26th April 2004 the IOCL was required to handover peaceful possession of the subject property to him. The writ Court referred to clause (j) of the lease agreement and also took note of the pendency of the civil suit filed by the IOCL and came to a conclusion that the IOCL was under an obligation to handover peaceful possession of the subject land to the writ petitioner.

3. The writ Court considered the rival stand taken by the parties and held as under:-

    “12. As per the terms and conditions of the contract particularly Clause (j) after the expiry of a period of nineteen years and seven mon

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