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Judgment
(per Sri Manoj Kumar Tiwari, A.C.J.)
Appellant granted lease of land in favour of Indian Oil Corporation for the purpose of setting up a petrol pump in the year 2000. The lease was for a term of 25 years. Term of the lease has now expired. Upon expiry of the lease, appellant gave a notice under Section 106 of Transfer of Property Act to Indian Oil Corporation. Indian Oil Corporation replied to the notice contending that there is an option available to the Indian Oil Corporation under the lease for further renewal. Appellant filed writ petition, being WPMS No. 3601 of 2025, challenging the reply given by Indian Oil Corporation to his notice. The said writ petition was dismissed by learned writ court by holding that relief of possession cannot be claimed in public law remedy. Thus, feeling aggrieved by the judgment dated 30.12.2025, rendered by learned Single Judge in WPMS No. 3601 of 2025, appellant has approached this Court by filing this intra-court appeal.
We do not find any reason to interfere with the matter. A dispute between lessor and lessee cannot be resolved in a writ petition as held in Shalini Shyam Shetty Vs Rajendra Shankar Patil, (2010) 8 SCC 329. The only remedy available to the appellant is to approach civil court. Since this was the view taken by learned Single Judge, therefore, we dismiss the present appeal with liberty to appellant to approach the competent court for appropriate relief.
The appeal stands ordered accordingly.
Pending application(s), if any, also stand disposed of.