IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.12033-12034 OF 2014 (GM - RES) Between:
1. Akhila Karnataka Kerosene Wholesale Dealers Association (Reg), Race Course Compound, No.2, Race Course Road, Bangalore – 560 010. Represented by its Secretary, Sri.G.Gopala Krishna.
2. M/s. Shree Shakthi Enterprises, No.248, 53rd “C” Cross, 17th “D” Main, 3rd “Y” Block, Rajajinagar, Bangalore – 560 010. Represented by its Proprietor, Sri. A. Tharanath.
(By Sri.M.Sreenivasa, Advocate) And:
1. The Union of India, Ministry of Petroleum And Natural Gas, Shasthri Bhavan, New Delhi – 110 003 Represented by its Secretary.
... Petitioners 2. The Indian Oil Corporation Limited, Scope Complex, New Delhi – 110 003. Represented by its Chairman & Managing Director.
3. The Director (Marketing), Indian Oil Corporation, No.G-9, Ali Yuavar Jung Marg, Bandara East, Mumbai – 400 051.
4. The Hindustan Petroleum Corporation Ltd., No.17, Jamshed Ji Tatta Road, Mumbai – 400 020.
Represented by its Chairman & Managing Director.
5. The Bharat Petroleum Corporation Ltd., No.4 & 6, Bharat Bhavan, Currim Bhoy Road, Ballard Estate, P.B.No.688, Mumbai – 400 001.
Represented by its Chairman & Managing Director.
6. The Additional Director, Petroleum Planning and Analysis Cell, Ministry of Petroleum and Natural Gas, Shasthri Bhavan, Government of India, New Delhi – 110 003.
7. The Hindusthan Petroleum Corporation (Marketing), LPG Regional Office, No.3 & 4, White Field Road, Mahadevapura P.O., Bangalore – 560 048.
Represented by its Chief Regional Manager.
8. The Bharath Petroleum Corporation (Marketing), Bangalore Territory Office, Du Park Trinity, 7th Floor, 17th M.G.Road, Bangalore – 560 001.
Represented by its Executive Officer.
9. The Indian Oil Corporation Ltd., (Marketing), LPG Incharge, Indian Oil Bhavan, No.29, P.Kalinga Rao Road, (Mission Road), Bangalore – 560 027.
Represented by its Executive Officer.
10. The State of Karnataka, Food and Civil Supply Department And Consumer Affairs, Government of Karnataka, Vikasa Soudha, Bangalore – 560 001. Represented by its Principal Secretary.
11. The Commissioner, Food and Civil Supply Department And Consumer Affairs, Government of Karnataka, No.8, Cunningham Road, Bangalore – 560 052.
... Respondents (By Sri.Y.D.Harsha, AGA for R10 & 11; Sri.N.Jagadish Baliga, Advocate for R1 – Absent;
Sri.R.Gopal Krishna, CGC for R2, 3, 5 & 6 – Absent;
R4, 7, 8 and 9 are served and unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order Annexure – A, dated 28.02.2014, passed by the R11 and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri.M.Sreenivasa, learned counsel for the petitioners.
Sri.Y.D.Harsha, leanred Additional Government Advocate for respondent Nos.10 and 11.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia have prayed for the following reliefs:
"a) Issue a writ of certiorari, quashing the impugned order Annexure-“A” dated 28.02.2014, passed by the respondent No.11.
b) Directing the respondent No.11 to implement the direction, Annexure- B dated 23.10.2013 issued by the respondent No.1 in the matter of distribution of the Kerosene in through out the State of Karnataka.
c) Issue a writ in the nature of Mandamus, directing the respondent No.11 to consider the representation Annexure-“C” dated 01.03.2014 made by the Petitioner Association.
d) Issue such other reliefs which this Hon’ble Court may deem fit in the facts and circumstances of the case, including the cost of this writ petition, in the interest of justice.”
3. The State Government in the objections at paragraph No.10 has taken the following stand:
“10. In the meanwhile, the Writ Petition was filed before the Hon’ble High Court of Karnataka. The Hon’ble High Court of Karnataka has given an interim order of stay on the allocation made by this office for the month of April 2014. As soon as the order of the Hon’ble High Court was received, the Deputy Directors of the Districts were instructed to immediately revert to the historical allocation of each wholesale dealer. The Deputy Directors had to work on a very tight time schedule for achieving the same. The food inspectors had to sit in the office not only upto later hours but also on holidays so as to revise the allocation in the computer system. But with all this difficulty, the Department was able to revise the allocation and comply with the order of this Hon’ble High Court.”
4. In view of the stand taken by the State Government in paragraph No.10 of the objections, nothing survives for adjudication in these writ petitions. Accordingly, the writ petitions are disposed of with liberty to the petitioners to take recourse to such remedy as may be available to them under the law.
Sd/- JUDGE dn/-