Suvadip Nandy & Ors vs Indian Oil Corporation & Ors
2023 Latest Caselaw 7099 Cal

13.10.2023
Srimanta
Sl. No. 15
Ct. No. 42
                                WPA/24540/2023

                           Suvadip Nandy & Ors.
                                    -Vs.-
                        Indian Oil Corporation & Ors.

                   Mr. Shyamal Sarkar, Sr. Adv.,
                   Mr. Ramesh Dhara,
                   Ms. Mousumi Choudhury
                                              ...for the petitioners.


                   Affidavit-of-service filed in Court today be kept
             with the record.
                   The instant writ petition is filed after this Court
             passed an order in WPA/9735/2022.           In the said
             Judgment this Court passed the following order:-
                   "46. In the instant writ petition the Court cannot
             fix selling price of kerosene oil. Therefore, the instant
             writ petition is disposed of directing the Central
             Government to adopt and take a policy decision for
             fixing the rate of subsidized price of kerosene oil for
             the consumers.
                   47. The State Government is also directed to
             impose minimum rate of taxes, cess and other duties
             to fix the selling price of kerosene to the poorest of
             the poor citizens of our country who really need
             kerosene oil to illuminate their homes and prepare
             their food burning cow dung, coal etc. with the help of
             kerosene oil."
                   It is submitted by Mr. Sarkar, learned Senior
             Counsel on behalf of the petitioner that the Judgment
             in the aforesaid writ petition was passed on 12 th
             September, 2023.     Neither the Central Government
             nor the State Government come up with specific
             scheme reducing the price of kerosene oil.       On the
                              2




contrary, the Indian Oil Corporation enhanced the
price of superior kerosene oil with effect from 1 st
October, 2023 by a Memorandum dated 3rd October,
2023 in violation of the judgment passed by this
Court.
      The instant writ petition be admitted.
      The      respondent   no.   1   is   restrained   from

determining the price of kerosene oil more than what was fixed in the month of September, 2023 till the disposal of the instant writ petition. The respondent nos. 2, 3 and 4 are directed to submit a report in the form of affidavit in terms of prayer - (g) of the instant writ petition within three weeks after Vacation and serve a copy of the same to the learned Advocate-on- record on behalf of the petitioner. The petitioner is at liberty to file exception/affidavit-in-reply against the said report.

Matter be listed for hearing in the Combined Monthly List of January, 2024.

(Bibek Chaudhuri, J.)