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 jurisdiction to address non-complicated factual disputes under Article 226.

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 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.

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