MAHENDRA PRATAP HASIJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who as dealers are selling petrol and high speed diesel in their petrol pumps on the basis of the license obtained by them, have in this petition filed under Art. 226 of the Constitution of India, raised a short but interesting question as to whether whenever the Union of India increases the retail sale price of products like petrol and high speed diesel, the respondent No. 2 the State Government of M.P. and respondent No. 3 the Collector, district Indore have got the power and authority to direct these dealers to sell the existing stock of petrol and high speed diesel at the same rate prior to its increase from the day the price increase comes into effect.

(2.) The short facts giving rise to this petition, which are no longer in dispute, may be stated, in brief, thus : All the petrol dealers of Indore, including the petitioners are the members of Indore Petrol Dealers Association, which is a Member of the M.P. Petrol Dealers Association. The Indore Petrol Dealers Association is also a member of the Federation of All India Petroleum Traders.

(3.) That all the Oil Companies in India, namely : (1) The Indian Oil Corporation Limited, (2) Hindustan Petroleum Corporation Limited, (3) Bharat Petroleum Corporation Limited and (4) Indo-Burma Petroleum Co. Limited are Government corporations wholly owned by respondent No. 1 Union of India. The selling prices of petrol and high speed diesel etc., are specified by these oil Companies, but are regulated and controlled uniformly by the respondent No. 1. Petrol and high speed diesel are declared as essential commodities under the Essential Commodities Act, 1955 which is administered by respondent No. 2 through the agency and instrumentality of the respondents Nos. 3 and 4.