Writ petitions challenging oil companies' decision to set up new retail outlets near existing ones were dismissed on withdrawal after disclosure that a feasibility report was prepared.
Writ petitions dismissed on withdrawal with liberty to challenge the feasibility report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/9
GAHC010013292019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/395/2019
BIPASA SOMIM ALOM W/O NAZMUL HOQUE VILL- BHATIPARA, P.O. AND P.S. JOGIGHOPA, DIST. BONGAIGAON, ASSAM PIN - 783382.
VERSUS
UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001.
2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS
GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI-110001.
3:BHARAT PETROLEUM CORPORATION LTD. REP. BY THE TERRITORIAL MANAGER (RETAIL)
GUWAHATI RETAIN TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN- 781005.
4:INDIAN OIL CORPORATION LTD.
REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI
Page No.# 2/9
GUWAHATI - 781020 ASSAM 5:MAHANTA BARMAN S/O LATE MONORANJAN BARMAN VILL. FOUJADAR DEWANPARA P.O.- SIDALSOTI P.S.- ABHAYAPURI DISTRICT- BONGAIGAON(ASSAM) PIN-78338
Advocate for the Petitioner : MR. D DAS SR. ADV
Advocate for the Respondent : SC, I O C
Linked Case : WP(C)/1065/2019
M/S. NAHAR AND SONS SERVICE STATION A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT LAHARIGHAT DIST.MORIGAON ASSAM PIN - 782127 REP. BY ITS SOLE PROPRIETOR MD. NAKIBUL HOQUE AGED ABOUT 41 YEARS RESIDING VILL- BORBARI LAHORIGHAT MORIGAON ASSAM.
VERSUS
UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NAURAL GAS GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI- 110001.
2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS
Page No.# 3/9
GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI- 110001. 3:BHARAT PETROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGED (RETAIL) GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN - 781005. 4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI GUWAHATI - 781020 ASSAM -----------Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS. Linked Case : WP(C)/782/2019 HAFIZ IDRIS ALI AHMED S/O HAFIZUDDIN AHMED R/O VILL AND P.O. KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN - 781319 PROPRIETOR OF M/S WAHIDA KISHAN SEVA KENDRA. VERSUS UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI-110001. 2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL
Page No.# 4/9
GAS
GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI- 110001. 3:BHARAT PEROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGER (RETAIL) GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN - 781005. 4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI GUWAHATI-781020 ASSAM. -----------Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.
Linked Case : WP(C)/367/2019
KABITA DAS W/O GANESH CH. DAS VILL AND P.O. PATILADOHA DIST. BONGAIGAON ASSAM
PIN - 783391.
VERSUS
UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS
Page No.# 5/9
GOVT. OF INDIA SHASRI BHAWAN NEW DELHI-110001. 2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NAURAL GAS
GOVT. OF INDIA SHASTRI BHAWNA NEW DELHI-110001. 3:BHARAT PETROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGER (RETAIL) GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN - 781005. 4:THE INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI GUWAHATI-781020 ASSAM -----------Advocate for : MR. D DAS SR. ADV Advocate for : SC I O C appearing for UNION OF INDIA AND 3 ORS.
Linked Case : WP(C)/1078/2019 M/S. SATYANARAYAN MOUR AND CO. A PARTNERSHIP FIRM HAVING ITS OFFICE AT BARPETA ROAD P.O. SIMLAGURI DIST. BARPETA ASSAM PIN- 781313 REP. BY ITS PARTNER SRIKAMAL KUMAR MORE AGED ABOUT 50 YEARS RESIDING AT BARPETA ROAD
Page No.# 6/9
WARD NO. 5 DIST. BARPETA ASSAM. VERSUS UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA SHASTRI BHAWNA NEW DELHI- 110001. 2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA SHASTRI BHAWNA NEW DELHI- 110001. 3:BHARAT PETROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGER (RETAIL) GUWAHATI RETAIL TERRITORIAL OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITIAN DISTRICT PIN - 781005. 4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER
SECTOR-3 NOONMATI GUWAHATI - 781020 ASSAM -----------Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.
Linked Case : WP(C)/920/2019
M/S SATYANARAYAN MOUR AND CO. A PARTNERSHIP FIR HAVING ITS OFFICE AT BARPETA ROAD
Page No.# 7/9
P.O. SIMLAGURI DISTRICT- BARPETA ASSAM PIN - 781313 REP. BY ITS PARTNER SRI KAMAL KUMAR MORE AGED ABOUT 50 YEARS
RESIDING AT BARPETA ROAD
WARD NO. 5 DIST. BARPETA ASSAM
VERSUS
UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA SHASTRI BHAWAN
NEW DELHI-110001.
2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS
GOVT. OF INDIA
SHASTRI BHAWAN
NEW DELHI- 110001. 3:HINDUSTAN PETROLEUM CORPORATION LTD. SECOND FLOOR JANAPATH H.D. COMPLEX G.S. ROAD
ULUBARI GUWAHATI - 781007. 4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI GUWAHATI -781020 ASSAM.
Page No.# 8/9
-----------Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
16-08-2022
Heard Shri D. Das, learned Senior Counsel for the petitioners. Also heard Ms. J. Sarma, learned CGC, Shri S. Borthakur, learned Standing Counsel for BPCL/HPCL and Shri A. Borkatoki, learned counsel is present for IOCL., Shri S. A. Ahmed, learned counsel is present on behalf of respondent No. 5 in WP(C) 395/2019.
The dispute in these writ petitions is with regard to the decision of the Oil Company to set up a retail outlet within the proximity of their existing outlet. The primary contention made on behalf of the petitioners is that such decision to set up has been taken without considering the existence of the outlet of the petitioners in close proximity which deals with the same product and the product being a controlled commodity, having outlets in close proximity will not only be prejudicial to each other but would also not serve the larger interest of the community.
Learned Sr. Counsel further submits that there is a mandatory requirement to cause an enquiry and furnish a feasibility report even though the companies opening such outlets may be different.
On the other hand, Ms. J. Sarma, learned CGC submits that the contention of not having a feasibility report is not correct. In this connection Shri S. Borthakur, learned counsel for the BPCL/HPCL by referring to the affidavits submits that it is a matter of fact that exercise was done on the feasibility of setting up such outlet and the report was also made. He has submitted that the report itself has been annexed to the respective affidavits-in-opposition. He further submits that it is only after due consideration of the said report and on recommendation that the permission has been
Page No.# 9/9
granted for setting up of the new retail outlet for the petroleum products.
A similar submission has been made by Shri A. Borkataki, learned counsel for the IOCL.
On such disclosure, Shri Das, the learned Sr. Counsel for the petitioners submits that the writ petitions may be allowed to be withdrawn, however, with liberty to challenge the correctness of such feasibility report, if so advised.
In that view of the matter and taking into submission the facts and circumstances, the writ petitions stand dismissed on withdrawal, however, with a liberty to challenge the validity and correctness of the feasibility report, if so advised. Interim orders passed earlier accordingly stand vacated.
This Court clarifies that the disposal is only on the basis of the submissions made regarding availability of such feasibility report and the submission to allow withdrawal and this Court has not made any observation on the inter se merits of the parties.
JUDGE
Comparing Assistant
Bipasa Somim Alom
Union of India
Indian Oil Corporation Ltd.
Bharat Petroleum Corporation Ltd.
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
