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2014 Supreme(AP) 1004

A.V.SESHA SAI
M. H. Jagannadha Rao – Appellant
Versus
Indian Oil Corporation Limited, Represented by its Chairman and Managing Director – Respondent


Advocates Appeared:
For the Petitioner:Ashwin Kumar, Kowturu Pavan Kumar, Advocates.
For the Respondent: Domnic Fernandes, for Deepak Bhattacharji, SC for IOCL.

Judgment :

1. This writ petition, filed under Article 226 of the Constitution of India, challenges Clause 1 (a) of the Lease Agreement dated 15.11.2002, stipulating uniform rent of Rs.100/- per month for a period of 30 years, in respect of the petitioner’s Petroleum Outlet situated at Survey No.28/6B, D.No.49-48-14/2, Allipuram Extension, Ward No.30, NGGO Colony, Visakhapatnam as discriminatory, unfair, unconscionable, arbitrary, illegal and opposed to public policy and violative of Article 14 of the Constitution of India and Section 23 of the Indian Contract Act and further seeks a direction to revise the rent at the prevailing market rate with effect from 15.11.2002 with a periodical revision.

2. Heard Sri Ashwin Kumar, learned counsel representing the learned counsel on record Sri Kowturu Pavan Kumar and Sri Domnic Fernandes, the learned counsel representing the counsel for the respondents on record, Sri Deepak Bhattacharji apart from perusing the material available on record.

3. The pleaded case of the petitioners is as under:

3.1. The respondent/Indian Oil Corporation awarded dealership in favour of petitioner No.1 initially at Anakapally under the Unemployed Graduates Scheme



















































































































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