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Constitutional · Reportable judgment

Seema Upadhyay vs Union of India Thr. the Secretary, Min. of Petroleum and Natural Gas and Ors.

Court
Supreme Court of India
Date
5 April 2018
Case No.
Writ Petition (Civil) No. 675 of 2013
Result
Disposed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 3 S.C.R. 837 : 2018 INSC 304
Supreme Court Reports [2018] 3 S.C.R. 837 : 2018 INSC 304
Headnote

Public Distribution System – Dealership – Kerosene – Allegation in writ petition was that second respondent owned multiple dealerships for distribution of petroleum products, and they are held in the names of persons closely related to or associated with him – Fact finding inquiry was conducted – However the inquiry did not result in any conclusive determination on the allegations – Held: The issue as to whether the second respondent owned multiple dealerships or outlets for petroleum products, in violation of the applicable rules and regulations, has to be determined by the oil company or companies concerned with the issue – None of the oil companies were impleaded to these proceedings – In their absence, it would not be possible for the Court to make any factual determination – Whether an individual holds a dealership or outlet benami would turn on an appreciation of factual material which cannot be inquired into in the exercise of the jurisdiction under Art.32 – Consequently it would be open to the petitioner to bring such material as she has in her possession to the attention of the concerned 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 the steps taken by public sector oil manufacturing companies to conduct regular checks on the quality and quantity of petrol and diesel being supplied by retail outlets to the public at large – It was stated in the affidavit that Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 and the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 have made provisions to enable the States and Union Territories to take action against malpractices and that the Ministry intended to implement the direct transfer scheme in kerosene in identified districts of different states on a pilot basis – These are essentially matters of policy – Union Ministry of Petroleum and Natural Gas is seized of the issue – Moreover, defence that petition has been instituted for reasons other than a genuine effort to espouse an issue of public interest also cannot be discarded – Petition is accordingly disposed of – Kerosene (Restriction on Use and Fixation of 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.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1. Invoking the jurisdiction of this Court under Article 32 of the Constitution, the petitioner seeks the following reliefs: “a)… a writ, order or direction in the nature of mandamus commanding the respondents to get the matters of the known and reported cases of adulteration operated by the Mafias referred herein above, investigated through an independent agency preferably CBI; b) … appropriate writ of mandamus commanding the respondents to directly transfer the cash subsidy in the bank accounts of the beneficiaries of th
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