JAYASWAL BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) INDIAN Oil Corporation Limited, by its communication dated 29.6.2001, addressed to the petitioners in C.W.J.C. No. 10062 of 2001 (M/s Jayaswal Brothers vs. Union of India and others) and C.W.J.C. No. 11802 of 2001 (M/s Onkarmal Satyanarain vs. Union of India and others), informed them that petitioners were appointed by it to operate their business as LKO/LDO dealer, it will not be possible to supply them high speed diesel any more. Aforesaid petitioners pray for quashing the said order and pray for issuance of a writ in the nature of mandamus commanding the respondents to supply them High Speed Diesel (herein after referred to as 'HSD ' as being done in past).

(2.) IN C.W.J.C. No. 11109 of 2001 (M/s Styanarain Shankar Prasad vs. Union of India and others), several reliefs have been sought for but learned counsel appearing on behalf of the petitioner primarily pray for restoration of supply of HSD, which has been stopped.

(3.) IT is not in controversy that the petitioners were not appointed by any of the Oil Companies to deal in HSD. It is further not in dispute that Indian Oil Corporation supplied to the petitioners HSD from time to time and many a times such supplies were made on the intervention and recommendation of the State Government, or its functionary. It is also an admitted position that the petitioners received HSD from Indian Oil Corporation and sold it at the price fixed by it.