Society For Voice Of Human Rights & ... vs Union Of India And Others
2008 Latest Caselaw 1120 Del

*                 HIGH COURT OF DELHI AT NEW DELHI

+                           WP(C) No.2298/2008

       Society for Voice of Human
       Rights & Justice                      ..... Petitioner
                        Through Mr.Navin Bhargav with
                                Mr.Vikram Jeet, Advocates
                  versus

       Union of India and others              ..... Respondents
                       Through Mr.M.M. Kalra, Advocate for
                                 respondents No.2 and 6.
                                 Mr.Anil K. Batra, Advocate for R-3.

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE DR. JUSTICE S.MURALIDHAR

     1. Whether reporters of the local papers be allowed to see the
        judgment ?
     2. To be referred to the Reporter or not ?
     3. Whether the judgment should be reported in the Digest ?

                              JUDGMENT

% 23.7.2008

1. This petition purportedly filed in public interest seeks to

direct the respondents 1 to 4 to initiate inquiry and/or take

appropriate action with regard to the irregular domestic LPG Gas

supply to the LPC consumers of the respondents No.5 to 8 and

further to bring / ensure transparency / regularity in the supply of

LPG gas to their consumers.

2. The petitioner society claims to have been established for

WP(C) No.2298/2008 page 1 of 3 the promotion of law and justice as well as development and

formulation of law to the needs of the changing society and for

other purposes which have been mentioned in the

memorandum/bye-laws of the society. It is claim of the petitioner

that they have received complaints from the consumers of

respondents No.5 to 8 for the irregular supply / distribution of

domestic LPG to them by the LPG distributors i.e. respondents

No.5 to 8 herein. It is further claimed that the cylinders which are

supplied / distributed to consumers are less in weight and filled

with water. It is further claimed that representations have been

made in this regard to the concerned authorities but no action

has been taken against the concerned LPG distributors.

3. A detailed counter affidavit has been filed by the

respondent No.3 - Bharat Petroleum Corporation Ltd. The

respondent No.3 has clarified that they have not received any

complaint regarding crisis of LPG and / or that the cylinders are

being delivered after 10 to 15 days of booking to the customers

of company owned Company Operated delivery counter and M/s

Satyam Bharatgas Service. In support of this, charts have been

produced to show that the customers are getting their refills

within 24 to 72 hours of booking. True copies of the refill

WP(C) No.2298/2008 page 2 of 3 summary register for the month of November, December and

January of the respondent No.3 and M/s Satyam Bharatgas

Service are also placed on record. It is pointed out that despite

the fact that the entire Northern India was reeling under acute

shortage of bulk during the months of November, December 2007

and January' 2008, the supply was made in time. The allegation

that the consumers are rather supplied with cylinders less in

weight or water filled is also denied. It is stated that the cylinders

are delivered only after having done the pre-delivery check for

weight and leakage both at the COCO delivery counter and M/s

Satyam Bhartgas (distributor) and checks are carried out at the

customers' premises also.

4. Having heard learned counsel for both sides, we feel that

this is not a fit case where jurisdiction under Article 226 of the

Constitution of India should be exercised. The writ petition

stands dismissed.

                                        CHIEF JUSTICE


                                        S.MURALIDHAR
July 23, 2008                              (JUDGE)
"nm"



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