SHAKTHI LPG LTD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition has been filed questioning the action of the 4th respondent in sealing the bottling plant of the petitioner asserting that the provisions of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (hereinafter referred to as 'the State Order of 1980'), which was framed in exercise of the powers under the Essential Commodities Act, 1955, cannot be invoked against the petitioner.

(2.) The petitioner is a bottling unit established at Nemam village near Kakinada of East Godavari District pursuant to the liberalised policy of the Government relating to Liquid Petroleum Gas (LPG). Before this liberalised policy, the Government petroleum companies enjoyed the monopoly. In exercise of the powers contained under Section 3 of the Essential Commodities Act, LIQUEFIED PETROLEUM GAS (REGULATION AND SUPPLY AND DISTRIBUTION) ORDER, 1993 (hereinafter referred to as 'the Central Order of 1993') has been issued, which enables the persons other than the Government Companies also to manufacture, sell and distribute the LPG. The petitioner comes within the definition of 'parallel marketer'. It is pertinent to mention that parallel marketing system is allowed to be run under the Central Order of 1993 in addition to the public distribution system.

(3.) The prime question for consideration in this case is as to whether the provisions of State Order of 1980 still operate in the field of LPG in the wake of Central Order of 1993?