Mrs. Chandrakala Madhukar Kharat v. Hindustan Petroleum Corporation Limited And ANR.

Yadav VG. 1 913.wp.8156.15.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8156 OF 2015 Ms. Shilpa Dhananjay Deshmukh .... Petitioner

Versus

Indian Oil Corporation & Anr. .... Respondents WITH WRIT PETITION NO. 1958 OF 2015 Mrs. Chandrakala Madhukar Kharat .... Petitioner

Versus

Hindustan Petroleum Corporation & Anr. .... Respondents WITH WRIT PETITION NO. 9206 OF 2015 Mrs. Sheetal Madhav Deshmukh .... Petitioner

Versus

Indian Oil Corporation & Anr. .... Respondents • Mr. Surej Sunil Shah for Petitioner in all Writ Petitions. • Mr. Jayesh Mishra i/by. RMG Law Associates for Respondent No.1 in W.P.No.8156/15.

• Mr. D.N.Mishra a/w Ms. Poornima Awasthi and Ms. Richa Mishra for Respondent No.2 in W.P.No.8156/15. • Mr. Minoo Siodia a/w Ms. Ashiya Shaikh i/by. M/s. Rustomji & Ginwala for Respondent No.1 in W.P.No.1958/15. • Ms. Purnima Awasthi a/w J. N. Pandhi for Respondent No.2 in W.P.No.1958/15.

• Mr. Jayesh Mestry i/by. RMG Law Associates for Respondent No.1 in W.P.No.9206/15.

Yadav VG. 2 913.wp.8156.15.odt.

CORAM

:

R. M. BORDE AND A. S. GADKARI, JJ.

DATE :

MARCH 01, 2017.

P.C.

.

The Petitioners in all three Writ Petitions are objecting to the advertisement issued by the Respondent No.1/Petroleum Corporation proposing to set up retail petrol outlets at the respective locations, more particularly specified in respective Petitions.

2.

The Petitioners contend that they have already set up their business of retail sale of petroleum products nearby the advertised location. If the Respondent No.1/Petroleum Corporation is permitted to set up the retail petroleum outlets through the dealers at advertised locations, it would lead to unhealthy competition and retail sale of petroleum products by the Petitioners would get adversely affected. It is an admitted position that there is no policy prescribing distance for setting up petroleum retail sale outlet. In absence of there being any policy formulated by the Ministry of Petroleum, the directions as requested by the Petitioners need not be issued.

3.

Considering the contentions of the Petitioners that setting up of multiple retail petroleum outlets within close proximity would lead to an unhealthy competition is an issue which

Yadav VG. 3 913.wp.8156.15.odt. is required to be dealt with by the Respondent No.2/Ministry of Petroleum and Natural Gas. It would be open for the Petitioners to make an appropriate representation to the Respondent No.2 for redressal of their grievances.

4.

With liberty as above, all the three writ petitions are disposed of.

[A. S. GADKARI, J.] [R. M. BORDE, J.]