Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Distribution System – Dealership |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Public Distribution System – Dealership – Kerosene –Allegation in writ petition was that second respondent owned multipledealerships for distribution of petroleum products, and they areheld in the names of persons closely related to or associated withhim – Fact finding inquiry was conducted – However the inquirydid not result in any conclusive determination on the allegations –Held: The issue as to whether the second respondent owned multipledealerships or outlets for petroleum products, in violation of theapplicable rules and regulations, has to be determined by the oilcompany or companies concerned with the issue – None of the oilcompanies were impleaded to these proceedings – In their absence,it would not be possible for the Court to make any factualdetermination – Whether an individual holds a dealership or outletbenami would turn on an appreciation of factual material whichcannot be inquired into in the exercise of the jurisdiction underArt.32 – Consequently it would be open to the petitioner to bringsuch material as she has in her possession to the attention of theconcerned oil companies for such action as is deemed necessary –As regards the allegation of adulteration of petroleum products,Ministry of Petroleum and Natural Gas in its affidavit stated thesteps taken by public sector oil manufacturing companies to conductregular checks on the quality and quantity of petrol and diesel beingsupplied by retail outlets to the public at large – It was stated in theaffidavit that Motor Spirit and High Speed Diesel (Regulation ofSupply, Distribution and Prevention of Malpractices) Order, 2005and the Kerosene (Restriction on Use and Fixation of Ceiling Price)Order, 1993 have made provisions to enable the States and UnionTerritories to take action against malpractices and that the Ministry intended to implement the direct transfer scheme in kerosene inidentified districts of different states on a pilot basis – These areessentially matters of policy – Union Ministry of Petroleum andNatural Gas is seized of the issue – Moreover, defence that petitionhas been instituted for reasons other than a genuine effort to espousean issue of public interest also cannot be discarded – Petition isaccordingly disposed of – Kerosene (Restriction on Use and Fixationof Ceiling Price) Amendment Order, 2007 – Essential commodities– Motor Spirit and High Speed Diesel (Regulation of Supply,Distribution and Prevention of Malpractices) Order, 2005 –Kerosene (Restriction on Use and Fixation of Ceiling Price) Order,1993. |
Judge | Honble Mr. Justice Y.V. Chandrachud |
Neutral Citation | 2018 INSC 304 |
Petitioner | Seema Upadhyay |
Respondent | Union Of India Thr. The Secretary, Min. Of Petroleum And Natural Gas And Ors. |
SCR | [2018] 3 S.C.R. 837 |
Judgement Date | 2018-04-05 |
Case Number | 675 |
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