Madhya Pradesh High Court
M/S Shri Mahashakti Filling Point ... vs Union Of India on 28 April, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 28th OF APRIL, 2022
WRIT PETITION No. 11401 of 2018
Between:-
1. M/S SHRI MAHASHAKTI FILLING POINT THR.
KAMLESH MISHRA PROPRIETOR VILLAGE
LOHAR PIPLIYA KSHIPRA (MADHYA PRADESH)
2. PROPRIETOR/DEALER THROUGH AMIT GARG M/S
PITRA KRIPA FUELS NH-59, VILLAGE TAKLI
KHEDA TEHSIL KHATEGAON (MADHYA PRADESH)
3. PROPRIETOR/DEALER THROUGH CHANDRAWATI
AGRAWAL M/S SURESH KISAN SEVA KENDRA
SATWAS ROAD TEHSIL KANNOD (MADHYA
PRADESH)
4. PROPRIETOR/DEALER THROUGH THAKUR AJAY
SINGH BAGHEL M/S BAGHEL BROTHERS 11, MG
ROAD, TEHSIL SONKATCH (MADHYA PRADESH)
5. PROPRIETOR/DEALER THROUGH SMT. KALPANA
SINGH BAGHEL M/S DIVAM BAGHEL PETROLEUM
111, MG ROAD TEHSIL SONKATCH (MADHYA
PRADESH)
6. PROPRIETOR/DEALER THROUGH ANAND
NARENDRA KUMAR KALA M/S APNA FILLING
S T A T I O N VILLAGE KANABUJURG, TEHSIL
KHATEGAON, DISTRICT DEWAS (MADHYA
PRADESH)
7. PROPRIETOR/DEALER THROUGH SARESH
DAMODAR SHARMA M/S J.J. SHARMA AND SONS
105 JAORA COMPOUND INDORE (MADHYA
PRADESH)
8. PROPRIETOR/DEALER THROUGH JAY GARUN M/S
JUBLEE FUEL STATION VILLAGE LOHARDA,
TEHSIL SATWAS (MADHYA PRADESH)
9. PROPRIETOR/DEALER THROUGH SMT. LAXMI
SINGH MOURYA M/S KALPVED SALES AND
S ERVICES 63/2, KASTURBA NAGAR, RATLAM
(MADHYA PRADESH)
10. PROPRIETOR/DEALER THROUGH PRADEEP DABI
M/S NEW MINAKSHI KISAN SEWA KENDRA
VILLAGE KANTAPHOD, DEWAS (MADHYA
PRADESH)
11. PROPRIETOR/DEALER THROUGH MUKESH
Signature Not VerifiedDigitally signed by
SAN VARGHESE
MATHEW
PANCHOLI M/S PATEL AND SONS FUEL STATION
Date: 2022.04.28
17:16:02 IST VILLAGE HATNORI BLOCK KANNOD (MADHYA
PRADESH)
2
12. PROPRIETOR/DEALER THROUGH SMT. LAXMI
GREWAL M/S RAMBAGH KISAN SEWA KENDRA
VILLAGE BAGLI, TEHSIL BAGLI (MADHYA
PRADESH)
13. PROPRIETOR/DEALER THROUGH ASHOK PATEL
M/S R.S. PATEL KISAN SEWA KENDRA UDAY
NAGAR ROAD PUNJAPURA TEHSIL BAGLI
(MADHYA PRADESH)
14. PROPRIETOR/DEALER THROUGH MANISH ATUT
M/S GANGA FILLING STATION 29, TILAK NAGAR
EXTENSION INDORE (MADHYA PRADESH)
15. PROPRIETOR/DEALER THROUGH PRAMOD
JAISWAL M/S SAWARIA KISAN SEWA KENDRA
VILLAGE DEOGARH DIST. DEWAS (MADHYA
PRADESH)
16. PROPRIETOR/DEALER THROUGH RAVI KATE M/S
SHREE NIDHI FILLING STATION 124, SETHI
NAGAR DISTT. UJJAIN (MADHYA PRADESH)
17. PROPRIETOR/DEALER THROUGH M/S VYAS
KIASAN SEWA KENDRA VI LLAG E LOHARDA,
TEHSIL SATWAS DEWAS (MADHYA PRADESH)
18. PROPRIETOR/DEALER THROUGH SMT. BABITA
KHANDELWAL S/S SETH BHAGWATILAL KIASAN
SEWA KENDRA VILLAGE HATOD DISTRICT
INDORE (MADHYA PRADESH)
19. PROPRIETOR/DEALER THROUGH PAJKAMAL
TADA M/S AVANTIKA KISAN SEVA KENDRA
AHILAYA BAI MARG KHATEGAON DISTT. DEWAS
(MADHYA PRADESH)
20. PROPRIETOR/DEALER THROUGH BALWANT
SINGH RAJPAL M/S PAJPAL FILLING CENTRE
SHUJALPUR MANDI, DISTT. SHAJAPUR (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI A.S. PARIHAR, ADVOCATE )
AND
1. UNION OF INDIA SECRETRY MINISTRY OF
PETROLIUM AND NATURAL GAS SHASTRI
BHAWAN NEW DELHI (DELHI)
2. MANAGING DIRECTOR BHARAT PETROLEUM
CORPORATION LTD BHARAT BHAWAN 4 AND 6
CURRIMBHOY ROAD BALLAD ESTATE MUMBAI
(MAHARASHTRA)
3. TERRITORY MANAGER BHARAT PETROLEUM
Signature Not VerifiedDigitally signed by
CRPORATION LTD MANGLIYA DISTRICT INDORE
SAN VARGHESE
MATHEW (MADHYA PRADESH)
Date: 2022.04.28
17:16:02 IST
4. MANAGING DIRECTOR INDIAN OIL
CORPORATION INDIAN OIL CORPORATION LTD
3
3079/3, SADIQ NAGAR, JB TITO MARG, NEW DELHI
(DELHI)
5. TERRITORY MANAGER INDIAN OIL
CORPORATION LTD AB ROAD MANGLIYA DIST.
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI YOGESH MITTAL, ADVOCATE FOR RESPONDENT IOC & SHRI
DILIP KSHIRSAGAR, ADVOCATE FOR RESPONDENT BPCL )
T h is petition coming on for orders this day, the court passed the
following:
ORDER
Counsel for respondents have filed IA No.1336/2022 which is an application
for dismissal of the petition in view of the order passed by co-ordinate bench at
Principal Bench in WP No.19346/2017 order dated 10/3/2022 and connected
petitions,
Petitioners are Petrol Pump Dealers at various locations. They have
challenged the constitutional validity of the amended provisions contained in
clauses 1.5 (x), 5.1.2, 5.1.4(b), 5.1.16 and 5.1.18 as contained in Marketing
Disciplines Guidelines.
It appears that similar writ petitions were filed in different High Courts in large
numbers.
While considering the Transfer Petition (Civil) No.2206/2017 and other
connected transfer petitions, Hon'ble Supreme Court on 27.11.2017 since was of
the view that instead of allowing the transfer petitions, it was expedient to direct
one of the High Courts to decide the lis of similar nature first, Delhi High court was
requested to decide W.P.(C)No.10334 of 2017. Said Writ Petition was decided
and allowed in favour of the petitioners turning down the impugned amendments as
aforesaid. The judgment passed by learned Single Judge has been subject matter of
LPA24/2021 and CM Appl.1843/2021 and other connected LPS heard on
24.11.2021 by the Division Bench of the Delhi High Court and the judgment has
been delivered on 10.01.2022. The relevant part of the judgment necessary for
disposal of this petition is quoted below :-
85. We are in complete agreement with the learned Single Judge that this is a
matter which is best left to the discretion of the ROs Manager, who, we are
Signature Not VerifiedDigitally signed by sanguine, would be best suited to decide to whom the facility is to be
SAN VARGHESE
MATHEW extended. To this extent, the reading down of Clause 5.1.14 (b) of the MDG-
2017, by the learned Single Judge, is upheld.
Date: 2022.04.28
17:16:02 IST
86. As a cumulative effective of aforesaid facts, reasons and judicial
pronouncements, we hereby uphold the amendments to MDG-2012,
incorporated on 03.10.2017, except to the limited extent as mentioned in
paragraph 85, hereinabove and set aside the impugned judgment, passed by the
learned Single Judge in WP (C) No.10334/2017, W.P.(C)No.10746/2017
and W.P.(C)No.11246/2017, dated 18.03.2020.
In view of the aforesaid authoritative pronouncement of law, this Court has
no reason to disagree with the same. Accordingly, the instant Writ Petition stands
dismissed to the aforesaid extent.
(VIJAY KUMAR SHUKLA)
JUDGE
VM
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN VARGHESE
MATHEW
Date: 2022.04.28
17:16:02 IST
