JAY GAS AGENCY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is aggrieved by discontinuation of scheme of payment of transportation charges for delivery of L.P.G. cylinders to the customers beyond contract territory, leading to filing of the present petition challenging the order dtd. 15/10/2020 passed by the District Collector, Jalgaon. Petitioner is a LPG Distributor appointed by Hindustan Petroleum Corporation Limited (hereinafter referred as to the 'Respondent Corporation'). His claim is essentially premised on the principle of legitimate expectation, as home delivery charges were being fixed and paid in the past in respect of deliveries made outside his contract territory. The petitioner is aggrieved by the discontinuation of the scheme for payment of such home delivery charges beyond contract territory and restricting the same only to the villages notified in hilly terrain.

(2.) The petitioner is proprietor of M/s Jay Gas Agency who is appointed by the respondent corporation as distributor of L.P.G. cylinders vide agreement dtd. 7/6/2005 for Yawal Town. By letter dtd. 7/2/2006, the customers of Adavad and adjoining area came to be transferred to his agency and he was directed to ensure LPG refill supplies to such customers. It is his case that, out of about 20,000 customers, about 14000 customers are located beyond his contract territory and to supply LPG cylinders to such 14,000 customers outside contract territory, he is required to bear additional expenses, justifying the payment of additional home delivery charges.

(3.) The supply and distribution of LPG gas is governed by the provisions of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000 (for the sake of brevity hereinafter referred as to the "LPG Order 2000") issued under the provisions of Sec. 3 of the Essential Commodities Act, 1955.