Chhattisgarh Petroleum Dealer Association v. Indian Oil Corporation Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 70 of 2019 • Chhattisgarh Petroleum Dealer Association, through Secretary-Akram Bukhari, S/o Late Mohammad Rafique, Aged about 37 years C/o Topup Centre, Opp. Pt. Ravishankar University, Amanaka, Raipur C.G.

------Petitioner

VERSUS

1. Indian Oil Corporation Limited, Through Managing Director, G-9, Aliyavar Jung Marg, Bandra East Mumbai M.H.

2. Hindustan Petroleum Corporation Limited, through Managing Director, Petroleum House-17, Jamshedji Tata Road, Mumbai M.H.

3. Bharat Petroleum Corporation Ltd. through Managing Director, Bharat Bhawan 4 & 6, Curribhoy Road, Balad Estate, Mumbai M.H.

4. Petroleum and Natural Gas Regulatory Board, Through Secretary 1st Floor, World Trade Centre, Babar Road, New Delhi 110001

5. Union of India, through Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi 110001 -------Respondents For Petitioner : None.

For Respondents No. 1-4 : Mr. Anand Shukla with Mr. Aditya Tiwari, Mr. Ali Asgar, Mr. Sourav Sharma, and Mr. Tarkeshwar Nande, Advocates For Respondent No. 5 : Mr. Himanshu Pandey, Advocate on behalf of Mr. B.Gopa Kumar, Assistant Solicitor General Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per P.R. Ramachandra Menon, CJ.

03/03/2020

1. The Petitioner-Association has moved this Court with the following prayers: "10.1 That the Hon'ble court may kindly be pleased to set-aside the impugned advertisement dated 14/12/2018 (Annexure P/2) and consequential steps taken in lieu thereof for establishemnt of new pumps across the State of Chhattisgarh.

10.2 That the Hon'ble Court may kindly be pleased to call for records of entire proceedings/ steps taken by the respondents in lieu of the Advertisement dated 14/12/2018 (Annexure P/2).

10.3 That this Hon'ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost."

2. When the matter came up for consideration before this Court on the previous occasion i.e. on 26-09-2019, it was brought to the notice of this Court that exactly similar issue, as involved in WPPIL 24/2019, challenging the very same advertisement dated 14-12-2018 for selection and appointment of the dealers for setting up new petroleum outlets in the State of Chhattisgarh, had come up for consideration and after referring to the verdict passed on 30-04-2019 in WPPIL No. 05/2019 & WPPIL No. 06/2019, interference was declined and writ petition came to be dismissed. To have a clarity of understanding, we find it appropriate to extract the reliefs sought for in the writ petition; as given below: " (i) That, the Hon'ble Court be pleased to quash impugned advertisement dated 14.12.2018 for appointment and selection of dealers for regular and rural outlets I Chhattisgarh and in Mungeli (Chhattisgarh) in particular.

(ii) That, the Hon'ble Court may kindly be pleased to direct the respondent authority to start afresh proceeding for appointment and selection of dealers for regular and rural outlets in Chhattisgarh and in Mungeli (Chhattisgarh) in particular as per the prevailing law and directions of Hon'ble Court and Central Government. (iii) Any other order that may be deem fit and just may also kindly be passed."

3. On considering the nature of the grievance projected, in the light of the ruling rendered by this Court in the aforementioned cases, including the common judgment dated 30-04-2019 passed in WPPIL No. 05/2019 & WPPIL No. 06/2019, we find that there is absolutely no merit to entertain the present writ petition.

4. The writ petition is dismissed in terms of the judgment dated 20-06-2019 passed in WPPIL No. 24/2019.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Pawan