
Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226
Live LawDirecting the Indian Oil Corporation Ltd to vacate the premises of certain persons for continuing to occupy it despite expiry of the lease, the Telangana High Court pulled up the public sector undertaking for "quietly continuing to squat on the petitioners' land" without having any right is an overt act requiring the court's interference under Article 226. In doing so the high court reiterated the court's power to interfere in a contractual dispute between a private individual and the State/Public Authority in a petition filed under Article 226 if it is infringing upon fundamental rights conferred under Article 14 of the Constitution. It said that the fact that the present dispute arises out of lease deeds executed between the petitioners and a public authority would not, by itself, oust the jurisdiction of the high Court finding the writ petition to be maintainable. It referred to Supreme Court's decision in National Company v. Territory Manager, Bharat Petroleum Corporation Limited, wherein the apex court considered a similar issue–whether a writ petition under Article 226 of the Constitution is maintainable for vacating the premises in question occupied by Oil Companies even after expiry of the lease period.
History of this topic

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