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VINIT KUMAR MATHUR
Subodh Dhussa – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
ORDER :
Mr. Vinit Kumar Mathur, J. - Heard learned counsel for the parties.
2. The present writ petition has been filed with a prayer that the respondent Nos.1 and 2 may be directed to vacate the land in question at the earliest. A prayer has also been made for directing the respondent-Corporation to clear the dues of the petitioner, if any.
3. Briefly noted the facts of the writ petition are that the petitioner vide a lease agreement dated 26.04.2004 leased out a land situated at Khasra No.260 of Village Shivbari, Tehsil and District Bikaner (hereinafter referred to as 'the land in question') to the respondent-Corporation for a period of nineteen years and seven months. The respondent-Corporation established a Retail Outlet-cum-Petrol Pump on the said land. After expiry of period of nineteen years and seven months, neither fresh agreement was entered between the parties nor the time period mentioned in the lease agreement was extended. The petitioner requested and represented to the authorities of the Corporation to vacate the leased land and handover the peaceful possession of the same to the petitioner. Since the same has not been done, the present writ petition has been filed.
4. L
The court ruled that upon expiration of the lease term, the lessee is obligated to vacate the property unless a new agreement is established.
A state entity must adhere to the terms of a lease agreement and cannot unilaterally extend the lease without the lessor's consent, particularly when the lease explicitly outlines the conditions for ....
The court held that disputes related to lease tenure interpretation require detailed examination in civil courts and are not suitable for resolution under writ jurisdiction.
Court grants six months for lessee to vacate expired lease property for retail outlet shift.
The court affirmed that mere acceptance of rent does not imply lease renewal, allowing eviction under Article 226 when the lease has expired without mutual agreement for renewal.
The Court directed the respondent to timely consider the petitioner's representation under Article 226, reinforcing procedural fairness in lease disputes.
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