AUTOGAS INDIA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the letter dated 21.5.2007, Annexure P6, vide which the State Transport Collector, Haryana, Chandigarh has directed all the Sub Divisional Officers (Civil) -cum -Secretary, RTA Haryana that private vehicles in which LPG Gas Kit has been installed illegally be challaned and till -refilling station of LPG does not come up in Haryana and the vehicle owners does not satisfy the concerned authority to the effect that he/she shall get the same refilled from the authorized gas dealer, no endorsement of LPG Gas Kit shall be made on the vehicle of any vehicle owner.

(2.) PETITIONER Autogas India has pleaded that M/s Officine Lovato (hereinafter to be referred as the Company) is an international Company based in Italy. The said Company is manufacturing and selling Compressed National Gas (CNG) and Liquified Petroleum Gas (LPG) Kits for being fitted in vehicles for use as a fuel and has obtained ISO certificate in this regard. The business of the petitioner -firm is to import, distribute and fit LPG Gas Kits of aforesaid Company i.e. Lavato which has been duly approved by the Government of India. Use of LPG as a fuel in the cars drastically reduces the fuel emissions and consequently helps in keeping the environment pollution free to a great extent. The petitioner is selling the LPG Gas Kits.

(3.) THE learned Counsel for the petitioner has argued on the lines of pleadings and has submitted that by issuance of said letter, the petitioner has been virtually debarred to sell the LPG Gas Kit. That order is liable to be quashed, being against the principles of natural justice. No opportunity of hearing was given to the petitioner before passing the impugned order. It is further submitted that an identical matter came up before the Hon'ble High Court of Gujrat at Ahmedabad. Interim order was passed by the Hon'ble High Court but since later on LPG stations were established in Rajkot, as such the Hon'ble High of Gujarat passed the order, Annexure P8.