Sanjay Jha v. Union Of India
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(PIL) No. 24 of 2019 Sanjay Jha, S/o. Shri Maneshwar Jha, Aged About 39 Years, Occu - Social Activist/writer, R/o. 473/A Sector-4, Balconagar Municipal Corporation, Balconagar, Disrict- Korba, Chhattisgarh.
---- Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Petroleum & Natural Gas, A Wing, Shastri Bhawan Rajendra Parasad Road, New Delhi - 110001
2. The Petroleum & Natural Gas Regulatory Board Through Its Secretary, First Floor World Trade Centre, Babar Road New Delhi - 110001
3. State Of Chhattisgarh, Through Its Secretary, Department Of Petroleum Mantralaya, Abhanpur, Disrtict- Raipur, Chhattisgarh.
4. The Indian Oil Corporation, Through Its Managing Director/ Chairman, G-9, Aliyavar Jung Marg, Bandra East Mumbai, Maharashtra - 400051
5. Bharat Petroleum, Through Its Managing Director/Chairman, Bharat Bhawan 4 & 6 Currimbhoy Road Balad Estate, Mumbai, Maharashtra 400001
6. Hindustan Petroleum Corporation Through Its Managing Director/Chairman, Petroleum House 17, Jamshed Ji Tata Road, Mumbai, Maharashtra - 400020 ---- Respondents For Petitioner :
Ms. Deepali Pandey, Advocate For Union of India :
Mr. B. Gopakumar, Asstt. S.G.
For State :
Mr. Siddharth Dubey, Dy. Govt. Advocate Hon'ble Shri P.R.Ramachandra Menon, Chief Justice Hon'ble Shri Goutam Bhaduri, Judge Order On Board Per P.R.Ramachandra Menon, C.J.
20.06.2019 1.
The petitioner moved this Court seeking the following prayers : (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 in 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.
2.
Heard learned counsel for the petitioner as well learned Dy. Govt. Advocate representing the State and learned Assistant Solicitor General representing the Union of India.
3.
When the matter is taken up for consideration, the learned counsel representing the State submits that the issue involved herein with regard to the setting up of the Petroleum outlets in the country has been taken by the Central Government as matter of policy and the same is being implemented within the State to the requisite extent depending upon the needs and requirements. It is stated that it is purely a policy matter with regard to which there cannot be any heart burn or grievance for the petitioner. 4.
Learned counsel further submits that the issue involved herein was exactly similar to the issue involved in W.P.(PIL) No.5/2019 & W.P.(PIL) No.6/2019 and both the said cases were considered and finalized by a coordinate Bench of this Court as per the verdict passed on 30.04.2019 whereby it was held that it being a policy matter, no interference was called for. It was accordingly, that both the writ petitions were dismissed. In the said circumstances, learned counsel submits that no fresh adjudication is warranted in this writ petition and it is liable to be dismissed in terms of the verdict dated 30.04.2019 passed in W.P.(PIL) No.5 & 6 of 2019.
5.
We find considerable force in the submission. It is ordered accordingly. However, it is made clear that this will not bar the way of the petitioner in pursuing the grievance stated as projected by the representation before the appropriate authority concerned in this regard, in so far as the said issue is not involved or considered by the Bench in the verdict as aforesaid. Sd/- Sd/- (P.R.Ramachandra Menon) (Goutam Bhaduri) Chief Justice Judge Ashok