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Vinoth vs The Transport Commissioner on 8 February, 2018 cites

Bharat Petroleum Corporation Ltd. And ... vs N.R. Vairamani And Anr on 1 October, 2004

29. Only a person, who is considered / construed to be Lawful / legal tenant, can deal with the concerned property. After the expiry of Lease, which is admitted in the present case and when there is no tenancy agreement or an existing tenancy between the parties and more particularly, even the disposal of the civil suit in one way or other, may not heighten the case of the Appellants, for the simple reason it is not a mandatory one for the grant of licence and before that there is no vested right on the part of the concerned to take the consent of the Landlord. Looking at from any point of view and also this Court by looking into the ingredients of Rule 150 of Petroleum Rules and also taking note of the decision of the Hon'ble Supreme Court between Bharat Petroleum Corporation Limited and Another V. N.R.Vairamani and Another reported in (2004) 8 Supreme Court Cases 579 at Special Page 586, cited on behalf of the Appellants comes to an irresistible conclusion that it is not for the Appellants / Petitioners to approach the Writ Court and file the present Writ Appeal because of the reason that the Writ Court is not the proper forum of adjudication of disputed factual and legal questions / controversies concerning to parties. In any event, in the instant case, the Appellate as well as the Original Authorities had rejected the claim of the Appellants / Writ Petitioners and to grant a licence, undoubtedly, the consent of concerned landlord is very much essential and the same cannot be dispensed in any manner. Looking at from any angle, the view taken by the Learned Single Judge in dismissing the Writ Petition is free from any legal flaw. Resultantly, the Writ Appeal fails.
Supreme Court of India Cites 12 - Cited by 516 - A Pasayat - Full Document

Bharat Petroleum Corporation Ltd vs P. Kesavan & Anr on 5 April, 2004

The effect of the acquisition on the operation of the Transfer of Property Act, 1882 have been dealt with in detail by a three-Judge Bench of this Court in Bharat Petroleum Corporation Ltd. v. P. Kesavan and Anr. (2004 (9) SCC772). The application and relevance of these decisions shall be considered in case the landlord moves the appropriate Court and initiate proceedings as prescribed under the Tenants Act. The impugned judgment of the Division Bench of the High Court is indefensible and is set aside. It is made clear that what would be the position if the proceeding is taken under the Tenants Act, shall be decided by the appropriate Court.
Supreme Court of India Cites 16 - Cited by 54 - S B Sinha - Full Document
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