LPG Cylinder Shortage: HC refuses to entertain PIL to pass 'futile' directions to Centre, asks Petitioner to approach Government

On Wednesday, the Delhi High Court refused to entertain a PIL raising concerns over an "acute shortage" of domestic LPG cylinders, observing that everyone is aware of the circumstances affecting the supply of resources and the issue falls within the government's domain.

HC Bench comprising of Chief Justice DK Upadhyaya and Justice Tejas Karia while terming it a "fallout of the war" in West Asia said it will not pass "futile" directions when the Centre has already issued various orders on the supply of LPG, including an order under the Essential Commodities Act.

HC Bench stated that, "Are we running a government? We do not interfere in such matters," the bench told the petitioner.

CJ Upadhyaya expounded that, "Suppose we issue a mandamus that henceforth no black marketing, no hoarding. Is it possible? It is very basic that any decree which is non-executable cannot be passed".

He further added that issuing a mandamus in this case would be akin to issuing non-workable orders, like the government should eradicate poverty in India.

"The obligation of the government or oil companies in such matters is dependent on resources. You are asking us to issue a mandamus like eradicate poverty in two months. Can such a mandamus be issued?" Bench added.

Justice Tejas Karia stated, "The government is taking all action to address the situation. We can’t issue mandamus when there is already action taken by the government...We can issue directions if the government is not taking action. Whatever action is possible, the government is already taking".

HC Bench ordered that, "Taking measures to meet such exigencies lies exclusively in the realm of the executive. Accordingly, we permit the petitioner to make a representation to the government highlighting the issues. Once such a representation is made, the same shall be attended to by the authorities, and appropriate orders shall be passed".

Source PTI