Disposed

Bihar Petroleum Dealers Associ v. Union of India and Ors.

Patna HC10 Jul 2014CWJC/3940/2012

Case brief

AI extract

What is this about?

In a writ filed under Article 226 of the Constitution regarding restrictions on opening new petrol outlets, the Petitioner sought to quash an order keeping previous guidelines in abeyance. However, in light of a recent Supreme Court judgment in a similar matter, the Petitioner was permitted to withdraw the application.

What did the court decide?

Leave to withdraw the writ application.

Bihar Petroleum Dealers Associ Vs Union of… — Contract and Commercial Disputes | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3940 of 2012

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====================================================== 1. Bihar Petroleum Dealer'S Association (Affiliated To Federation Of All India Petroleum Traders) Through Its President Prabhat Kumar Singh S/O Sri B.N. Singh R/O N.H. 28, At & P.O.- Bhagwanpur Chowk, Near Ideal Service Station, P.S.- Sadar Muzaffarpur, District- Muzaffarpur 2. Tirupati Balajee Fuels, A Retail Outlet Dealer Of Hindustan Petroleum Corporation Ltd. At Harpur Alloth, P.S.- Mushri Gharari, DistrictSamastipur, Bihar, Through Its Proprietor Ms. Chanda Devi, D/O Sri Jagdish Prasad Gupta .... .... Petitioners Versus 1. Union Of India Through Its Secretary Ministry Of Petroleum And Natural Gas, Shastri Bhavan, New Delhi - 110001 2. The Secretary Ministry Of Petroleum And Natural Gas, Shastri Bhavan, New Delhi - 110001 3. Under Secretary Ministry Of Petroleum And Natural Gas, Shastri Bhavan, New Delhi - 110001 4. The Chairman & Managing Director Indian Oil Corporation Ltd., Gopalganj-9, Ali Yavar Marg, Bandra (East), Mumbai 5. The General Manager Indian Oil Corporation Ltd. (M.D.), Bihar State Office, Lok Nayak Bhawan, 5th Floor, Dak Bunglow Road, Patna 6. The Chairman & Managing Director Hindustan Petroleum Corporation Ltd., 17, Jamshedji Tata Road, Mumbai 7. The Sr. Regional Manager Hindustan Petroleum Corporation Ltd., 6th Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, Patna 8. The Chairman & Managing Director Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Ballard Estate, Mumbai-400001 9. The Area Marketing Manager Bharat Petroleum Corporation Ltd., 4th Floor, Ashiyana Chamber, Exhibition Road, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Raju Giri, Adv. For the Respondent I.O.C.: Mr. Anil Kumar Sinha, Adv. Mr. Amlesh Kumar Verma, Adv. For the Respondent BPCL: Mr. Sanjay Singh, Adv. For the Respondent HPCL: Mr. Rajeev Prakash, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 10-07-2014 Heard learned Counsel for the parties as with regard to the following relief(s) prayed in this writ application:-

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"(i) To issue an appropriate writ/order/direction

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in the nature of Certiorari for quashing the letter dated

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Patna High Court CWJC No.3940 of 2012 (3) dt.10-07-2014

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25.8.2011 issued by the Ministry of Petroleum and Natural Gas (P&NG) by which the operation of the earlier letters dated 6.4.2011 and 25.4.2011 issued by the Ministry of Petroleum and Natural Gas have been kept in abeyance and the position which existed prior to issuance of the said letter have been restored as contained in Annexure-5.

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(ii) To issue an appropriate writ/order/direction in the nature of Mandamus commanding the Oil Marketing Companies (OMCs) i.e. Indian Oil Corporation Ltd. (IOC), Hindustan Petroleum Corporation Ltd. (HPCL), and Bharat Petroleum Corporation Ltd. (BPC) in consultation with the P&NG to constitute a high level committee for ascertaining the financial viability of new Retail Outlet vis-a-vis the existing retail outlet in terms of the letter dated 6.4.2011 issued by the P&NG before setting up new retail outlets pursuant to advertisement made in the year 2011.

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(iii) To issue an appropriate writ/order/direction restraining the Oil Marketing Companies from issuing letter of intent of even those retail outlets whose financial viability has not been done in terms of letter dated 6.4.2011/25.4.2011 of Ministry of Petroleum and Natural Gas.

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(iv) To issue an appropriate writ/order/direction, cancelling all the advertisements made in the year 2011/2012 (Annexure-6 series) for opening new retail outlets and further directing OMCs to act as far as opening of new retail outlets are concerned in the State of Bihar

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Patna High Court CWJC No.3940 of 2012 (3) dt.10-07-2014

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strictly as per the financial viability report submitted by the high level committee constituted for the purpose." Mr. Raju Giri, learned counsel for the petitioners, at the out set submits that in the light of the order of the Apex Court dated 2.4.2013 in Civil Appeal Nos. 2784-2792 of 2013 (Hindustan Petroleum Corpn. Ltd. V. Liju P. Reji & ors.) wherein while allowing the appeal of Hindustan Petroleum Corporation it has been held as follows:-

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"We have heard learned senior counsel and learned counsel for the parties.

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Leave granted.

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We find no justification for the Division Bench to upturn the judgment and order of the Single Judge dismissing the writ petition. Accordingly, the impugned judgment is set aside. However, it is observed that the guidelines framed by the High Court may be kept in view by the Central Government if there is need to frame guidelines with regard to establishment of retail outlets of the Oil marketing companies.

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Appeals are allowed with no order as to costs."

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he is not required to press this application for the present because now the petitioners will have a different cause of action and thus he may be permitted to withdraw this writ application.

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This Court without expressing any opinion on such a submission of Mr. Giri would simply accord leave to the

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Patna High Court CWJC No.3940 of 2012 (3) dt.10-07-2014

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petitioners to withdraw this application with an observation that withdrawal of this application, will not come in the way of the petitioners in taking appropriate steps if they have any fresh cause of action which is capable of being adjudicated by any competent authority/court.

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(Mihir Kumar Jha, J)

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surendra/-

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Bihar Petroleum Dealers Associ v. Union of India and Ors.

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Bihar Petroleum Dealers Associ v. Union of India and Ors.

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