LAKSHMI TRADES Vs. THE UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in these writ petitions is to the Notifications, as at Annexures -A & B, jointly issued by the three oil companies: IOCL, BPCL & HPCL, relating to appointment of LPG distributors in the State of Karnataka and for a mandamus, to consider representations made by the Karnataka Kerosene Dealers Association and All India Kerosene Dealers Federation, in the matter of conversion of kerosene dealership into LPG distributorship and to implement an order dated 23.08.2011 passed in W.P. Nos. 16517 -19/2010 by the High Court Judicature at Madras and to direct respondents 3 to 5 to implement directions issued on 16.10.2009 as per Annexure -G, by respondent No. 1.

(2.) PETITIONERS are kerosene dealers of Indian Oil Corporation Ltd. and Hindustan Petroleum Corporation Ltd., in the city of Bangalore. After dismantling of the Administered Pricing Mechanism in the petroleum sector with effect from 01.04.2002, the selection process of dealers/distributors for retail outlets (petrol pumps)/LPG distributorships (cooking gas agencies) is done by the oil marketing companies themselves, subject to broad policy guidelines issued from time to time by the Ministry of Petroleum and Natural Gas, in relation to matters like reservation to weaker sections, reconstitution, revival of defunct outlets, resitement and transparency in selection. Public sector oil companies have been given freedom in the matter of marketing/distribution of petroleum products through their respective network of retail outlet dealerships, LPG distributorships and SKO -LDO dealerships. The oil companies choose their own locations for setting up such dealerships/distributorships, if found viable after feasibility study thereof by themselves.

(3.) ADMITTEDLY , deliberations were held and the LPG Selection Guidelines, December, 2012 was amended and decision was taken to relax eligibility conditions for SKO dealers, to enable them to participate in the Award process of LPG distributorships as applicable for others. The SKO dealers were enabled to apply for LPG distributorship with relaxed eligibility conditions. As a consequence, the prayer of the petitioners at Clause (B) in the main prayer of these writ petitions, does not survive for consideration.