AMITAVA ROY,J. - (1.) The Indian Oil Corporation Limited (hereafter to be referred to as the "IOC/Corporation") and its functionaries, in this appeal seek to overturn the judgment and order dated 04.10.2004 rendered by the High Court of Judicature at Allahabad in Civil Misc. Petition No. 34886 of 1998, thereby directing the Corporation to convert the dealership of a petrol pump initially allotted in favour of the respondent No.1 (hereafter to be referred to as the "respondent") under the discretionary quota of the Departmental Minister concerned to one under its (appellant) circular No.67-2/2K4 dated 12.02.2004 and restraining it as well from interfering with the possession of the respondent of the installation premises. As the sequence of events would unfold, the attendant facts do project a distressing state of affairs in the matter of distribution of State largesse, seemingly motivated by irrelevant considerations, deliberate defaults and casual disregard to binding judicial adjudications of a Constitutional Court.
(2.) We have heard Mr. Annam D.N. Rao, learned counsel for the appellants and Mr. Tripurari Ray, learned counsel for the respondent No. 1 . Though served, but none has filed vakalatnama on behalf of respondent No. 2.
(3.) First the skeletal facts, to facilitate the desired grip of the issues to be addressed. The respondent herein, claiming to be an unemployed graduate but actively involved in activities pertaining to rural development and welfare of women, but without any regular source of livelihood, applied to the then Minister of Petroleum, Government of India, New Delhi for being sanctioned a petrol pump under his Special Discretionary Quota on the National Highway, Phutahia Chauraha, Tehsil and District Basti, U.P. The application was considered for allotment of a retail outlet dealership on compassionate ground and was forwarded for necessary follow-up action to the Direction (Marketing), Indian Oil Corporation, Bombay on 08.08.1985. In deference to the said communication, the Corporation issued a Letter Of Intent (LOI) on 0410.1995 for a retail outlet dealership in motor spirit and high speed diesel oil on the National Highway at Phutahia Chauraha, District Basti under "A" category. Thereafter a lease deed was executed on 16.09.1996 between the respondent and the appellant/Corporation for a period of 30 years at a monthly rent of Rs.1650/- payable to the former by the latter w.e.f. 01.03.1996 and was made renewable at the option of the parties. It was inter alia agreed that the appellant/Corporation would develop the retail outlet and provide the same to the respondent with certain facilities, such as, a suitable plot of land duly developed as an outlet with office building, storage, tank and pump, air facility etc. ;