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 and the same was registered as Kusum Kunj Enterprises and was established in the land belonging to the petitioners 1 and 2. The land to an extent of Ac.0.25 cents situated at Anakapally By-pass Road was leased out in favour of the respondent Corporation for a period of 30 years and by way of lease agreement dated 23.07.2001 rent was fixed at Rs.4,200/- initially with a condition of enhancing @ 5% after every three years. Petitioners were successfully operating the retail outlet from the year 1987 to 2000 and in the year 2000 the respondent Corporation started an outlet, abutting the National High Way and just opposite to the petitioner’s outlet in an area of Ac.3-00 cents in the name and style of “Jubilee Outlet” and because of the same the business of the petitioners’ firm became unviable for continuation.

3.2. On a request made by the petitioner No.1 for relocation of the outlet, the first respondent assured consideration positively subject to the condition of the petitioners acquiring site in Visakhapatnam urban area limits. In furtherance of the same, petitioner No.1 along with other petitioners purchased an extent of 509 square yards situated in Sy.No.28/6B, D.No.49-48-14/2, Allipuram Extension, Ward No.30, NGGO Colony, Visakhapatnam-16 by way of a registered sale deed dated 02.08.2000. The said land is situated opposite to Visakhapatnam Port Stadium near Akkayapalem Colony on NH-5. 3.3. Eventually, the request of the petitioners was considered and was offered with only one proposal of continuance of Anakapally Bunk to sell only diesel and petrol to be sold at Visakhapatnam City outlet. Respondent No.4 in the guise of considering the petitioners’ request for resitement influenced and convinced the petitioners to enter and sign the Lease Agreement dated 15.11.2002 on uniform unalterable rent of Rs.100/-per month for a period of 30 years. Petitioners made a representation dated 14.12.2003 to the fourth respondent for reconsideration and the fourth respondent gave a reply dated 09.12.2004, saying that the lease agreement is settled and cannot be altered. By way of a reply dated 30.12.2004, petitioner No.1 represented that the rental amount of Rs.100/- is financially unviable to maintain the outlet. Petitioners made a number of representations dated 15.02.2005, 19.06.2006, 04.12.2006, 07.02.2007 and 03.03.2008 to the respondents 1, 3 and 4 followed by a legal notice dated 12.12.2007 to the respondent Corporation offering three options viz., (1) to vacate the premises and hand over the physical possession though it may result in forfeiture of the dealership (b) the respondent Corporation may purchase the property from the petitioner (c) to increase the rent at a prevailing rate of Rs.150/- per sq. yard per month. By way of a letter dated 05.10.2009,