M/S Surendra Kumar And Sons Kisan ... vs Union Of India
2022 Latest Caselaw 6366 MP

                                                                          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. 2659 of 2018

                                                  Between:-
                                            1.

M/S SURENDRA KUMAR AND SONS KISAN SEVA KENDRA THROUGH SMT. ANJALI GANGRADE DEALER/PROPRIETOR PIPLIA ROAD, TILLOR KHURD, INDORE (MADHYA PRADESH)

2. M/S KASTURI HIGWAY THROUGH ITS DEALER/PROP, JAI SINGH THAKUR S/O GIRVAR SINGH , AGED ABOUT 56 YEARS, VILLAGE BILAWALI MAXSI BYPASS DEWAS (MADHYA PRADESH)

3. M/S KAMLA FILING STATION THROUGH ITS DEALER/PROP. SMT. SUSHMA SINGH W/O SHRI MANOJ KUMAR SINGH 27/3 VILLAGE BAGLI, DEWAS (MADHYA PRADESH)

4. M/S MULTHAN REFILL JUNCTION TROUGH ITS DEALER/PROP. SMT KUSUM KUMARI W/O SHRI RAMESHWAR SINGH , AGED ABOUT 79 YEARS, 1/1 OLD PALASIA INDORE (MADHYA PRADESH)

5. M/S FILL AND FLY SERVICESTATION THROUGH ITS DEALER/PROP. RAMESH PAHUJA S/O SHRI VISHANDAS JI PAHUJA , AGED ABOUT 73 YEARS, 307 P U 4 SCHEME NO. 54, INDORE (MADHYA PRADESH)

6. M/S PRIMEMARK FUELS THROUGH ITS DEALER/PROP DEEPAK DERO S/O SHRI SURAJ KERO , AGED ABOUT 33 YEARS, APOLO DB CITY NIPANLA, INDORE (MADHYA PRADESH)

7. M/S BAGHERWAL FUEL THROUGH ITS DEALER/PROP SMT. ANITA BAGHERWAL W/O SHRI PAWAN BAGHERWAL , AGED ABOUT 51 YEARS, DOUBLE CHOWKI ON NH9 A DISTRICT INDORE (MADHYA PRADESH)

8. M/S SINGH GOLDEN TRANSPORT CO, THROUGH ITS DEALER/PROP. SATNAM SINGH BAGGA S/O SHRI SANTOKH SINGH BAGGA , AGED ABOUT 47 Y E A R S , MAROD GAON KHANDWA ROAD DISTRICT INDORE (MADHYA PRADESH)

9. M/S ARNEJA CARRIER PVT LTD THROUGH ITS DEALER/PROP. SURINDER SINGH S/O SHRI CHANCHAL SINGH , AGED ABOUT 43 YEARS, 112/1, HUKMAKHEDI, INDORE (MADHYA PRADESH) Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW Date: 2022.04.28 17:16:40 IST

10. M/S SONI AND SONS THROUGH ITS DEALER/PROP.

DILIP SONI S/O SHRI SHIVNARAYAN SONI , AGED ABOUT 51 YEARS, VILLAGE ARJUN BARODA

INDORE (MADHYA PRADESH)

11. M/S MAA NARMADA FUELS THROUGH ITS DEALER/PROP. SMT. MAMTA RANJAN W/O SHRI RANJAN CHETAWANI , AGED ABOUT 42 YEARS, GAUTAM PURA ROAD, DEPALPUR, DISTRICT INDORE (MADHYA PRADESH)

12. M/S USHARAJ FUELS THROUGH ITS DEALER/PROP. DHIRAJ GARG S/O SHRI RAJENDRA GARG , AGED ABOUT 44 YEARS, PLOT NO. 10 B SCHEME NO. 31, LOHAMANDI INDORE (MADHYA PRADESH)

13. M/S USHARAJ FUELS THROUGH ITS DEALER/PROP. DHIRAJ GARG S/O SHRI RAJENDRA GARG , AGED ABOUT 44 YEARS, PLOT NO. 10 B SCHEME NO. 31, LOHAMANDI INDORE (MADHYA PRADESH)

14. M/S USHARAJ URJA THROUGH ITS DEALER/PROP.

SMT. USHA GARG W/O SHRI RAJENDRA GARG PLOT NO. 5/61, BABULABHCHAND CHHAJLANI MARG, MHOW NAKA INDOR (MADHYA PRADESH)

15. M/S SHRI SAI FUEL CENTER THROUGH ITS DEALER/PROP. SMT. ARATI HALDIWAL S/O SHRI ANAND HALDIWAL , AGED ABOUT 32 YEARS, BALAJI VIHAR COLONY NAKA BARWANI (MADHYA PRADESH)

16. M/S DAYABHAI POONAMBHAI PATEL THROUGH ITS PARTNER SUBHASH BHAI PATEL S/O SHRI KANTILAL PATEL , AGED ABOUT 62 YEARS, SARDAR PATEL MARG, BARWANI (MADHYA PRADESH)

17. M/S AZAD FILLING STATION THROUGH ITS DEALER/PROP. ABHISHEK AGRWAL S/O SHRI MAHENDRA AGRWAL , AGED ABOUT 36 YEARS, VILLAGE KALIAVAV, C.S. AZAD NAGAR ALIRAJPUR (MADHYA PRADESH)

18. M/S RAJMAL BADRILAL AGRAWAL THROUGH ITS DEALER/PROP. RAJMAL AGRAWAL S/O SHRI BADRILAL AGRAWAL , AGED ABOUT 94 YEARS, 56 TADAVI FALIYA VILLAGE KASBA JOBAT, ALIRAJPUR (MADHYA PRADESH)

19. M/S MAA BIJASAN FILLING STATION THROUGH ITS DEALER/PROP. JEETU REWAL S/O SHRI SATISH REWAL , AGED ABOUT 42 YEARS, BOMBAY AGRA ROAD, JULWANIYA DISTRICT BARWANI (MADHYA PRADESH)

20. M/S HEERA AND SONS THROUGH ITS DEALER/PROP. SMT. KALA PATEL W/O SHRI KHEMRAJ PATEL , AGED ABOUT 55 YEARS, SHIV COLONY NIWALI ROAD SENDHWA DISTRICT Signature Not VerifiedDigitally signed by SAN VARGHESE BARWANI (MADHYA PRADESH) MATHEW Date: 2022.04.28 17:16:40 IST

21. M/S NAKSHTRA KISAN SEWA KENDRA THROUGH ITS DEALER/PROP. GOPAL PATIDAR S/O SHRI

LIMJI PATIDAR , AGED ABOUT 49 YEARS, VILLAGE LOHARI, TEHSIL KUKSHI, DISTRICT DHAR (MADHYA PRADESH)

22. M/S SHREE GURUPAD PETROLEUM THROUGH ITS DEALER/PROP. VASHUDEV PATIDAR S/O SHRI HIRAJI PATIDAR , AGED ABOUT 38 YEARS, 7 TALAWADI ROAD, KUKSHI, DISTRICT DHAR (MADHYA PRADESH)

23. M/S GOPIKISHAN CHHOGALAL THROUGH ITS DEALER/PROP. SMT. RADHIKA KOTHANA W/O SHRI GOVIND JI KOTHANA , AGED ABOUT 50 YEAR S, 2XB SCHEME NO. 71 SUDAMA NAGAR, INDORE (MADHYA PRADESH)

24. M/S ARNEJA AUTO CENTER THROUGH ITS DEALER/PROP. SHRIKIRSHAN NEEMA S/O SHRI GOPAL JI NEEMA GAWADI A.B. ROAD SENDHWA DISTRICT BARWANI (MADHYA PRADESH)

25. M/S DIAMOND GARAGE THROUGH ITS DEALER/PROP. SMT. CHHAYA JODHANI W/O LATE SHRI SUNIL JODHANI , AGED ABOUT 55 YEARS, 19, OLD PALASIA, A.B. ROAD, NEAR ONAM PLAZA INDORE (MADHYA PRADESH)

26. M/S YAMUNA FILLING STATION SATRATI THROUGH ITS DEALER/PROP. SMT. PRATIBHA SARAF W/O SHRI SANJAY SARAF , AGED ABOUT 45 YE A R S , A.B. ROAD N.H 3, GRAM SATRATI DISTRICT KHARGONE (MADHYA PRADESH)

27. M/S PLATINUM AUTO SEVICE THROUGH ITSDEALER/PROP. SMT. CHHAYA JODHANI W/O LATE SHRI SUNIL JODHANI , AGED ABOUT 55 YEARS, 19, OLD PALASIA, A.B. ROAD, NEAR ONAM PLAZA INDORE (MADHYA PRADESH)

28. M/S SURYA PETROLEUM THROUGH ITS DEALER/PROP. VIJAY KUMAR SINGH S/O SHRI HENIYAL BHIMA , AGED ABOUT 43 YEARS, 109 INDUSTRIAL AREA, MEGH NAGAR, DISTRICT JHABUA (MADHYA PRADESH)

29. M/S HIGHWAY JUBILEE FUEL CENTER THROUGH ITS DEALER/PROP. ASHOK OSARI S/O LATE SHRI NANURAM OSARI , AGED ABOUT 42 YEARS, 89, VINOBHA NAGAR, INDORE (MADHYA PRADESH)

30. M/S TRILOK PETROL FUELS THROUGH ITS DEALER/PROP. SMT. SHAMMINDER KAUR BHATIA W/O SHRI SATPAL SINGH BHATIA , AGED ABOUT 70 YEARS, SILVER MANSION, SILVER SPRINGS, AB ROAD BYPASS INDORE (MADHYA PRADESH)

31. M/S BHATIA SERVICE CENTER THROUGH ITS DEALER/PROP. TEJENDER SINGH BHATIA S/O Signature Not VerifiedDigitally signed by SAN VARGHESE RANJET SINGH BHATIA , AGED ABOUT 64 YEARS, MATHEW Date: 2022.04.28 262 DHAR ROAD INDORE (MADHYA PRADESH) 17:16:40 IST

32. M/S GENDALAL AND SONS, DHAMNOD THROUGH

ITS DEALER/PROP. PAVAN PATIDAR S/O SHRI KANHIYALAL PATIDAR , AGED ABOUT 37 YEARS, MANDI ROAD, DHAMNOD, DISTRICT DHAR (MADHYA PRADESH)

33. PIYUSH PATIDAR S/O SHRI SUDHIR PATIDAR DEALER/PROPRIETOR OF M/S K.K. FULE CENTER , AGED ABOUT 28 YEARS, NEAR OLD GOVERNMENT HOSPITAL KHALGAT DISTRICT DHAR (MADHYA PRADESH)

34. M/S SANJAY AUTO SERVICE THROUGH ITS DEALER/PROP. SANJAY BIYANI S/O SHRI RADHESHYAM BIYANI , AGED ABOUT 52 YEARS, SURVEY NO. 415, MHOW SIMROL ROAD, MHOW (MADHYA PRADESH)

35. M/S SINGH FUELS THROOUGH ITS DEALER/PROP.

RAGHUVIR SINGH NARANG S/O LATE SHRI MAHENDRA SINGH NARANG , AGED ABOUT 54 YEAR S , 37, UDYOG NAGAR NEMAWAR ROAD INDORE (MADHYA PRADESH)

36. M/S KANCHAN FUELS THROUGH ITS DEALER/PROP. ANIRUDDH SHAH S/O SHRI JIGNESH SHAH , AGED ABOUT 25 YEARS, B 13 MIG COLONY, PT PAVISHANKAR SHUKLA NAGAR INDORE (MADHYA PRADESH)

37. M/S SHAHEED SMRITI FUELS THROUGH ITS DEALER/PROP. SMT. SHRUITI JAIN W/O SHRI BABULAL JAIN , AGED ABOUT 48 YEARS, 29/2 AB ROAD MANGLIA, INDORE (MADHYA PRADESH)

38. M/S SHREE ASHTVINAYAK FUELS THROUGH ITS DEALER/PROP. DINESH PATIDAR S/O LATE SHRI BHAGIRATH PATIDAR , AGED ABOUT 42 YEARS, AWALIPURA NH3, MHOW INDORE (MADHYA PRADESH)

39. M/S TRAPTI SALE AND SERVICE THROUGH ITS DEALER/PROP. ASEEM SHARMA S/O SHRI SURESH SHARMA , AGED ABOUT 40 YEARS, VILLAGE KANWAN, TEHSIL BADNAWAR, (MADHYA PRADESH)

40. M/S SATYAM SHIVAM PETROLEUM THROUGH ITS DEALER/PROP. SMT. JYOTI AGARWAL W/O SHRI MUKESH AGRAWAL AGRAWAL SALES AGENCY SADAR BAZAR , SINGHANA (MADHYA PRADESH)

41. M/S PRABHUDAYAL ANANDILAL JHANWAR THROUGH ITS DEALER/PROP. PRABHDAYAL JHANWAR S/O SHRI ANANDILAL JHANWAR , AGED ABOUT 56 YEARS, SADAR BAZR, BAGH DHAR (MADHYA PRADESH)

42. M/S SHREE RAM AUTO MOBILES THROUGH ITS DEALER/PROP. MAHENDRA KUMAR GUPTA S/O SHRI KISHANLAL GUPTA , AGED ABOUT 52 YEARS, NH 52 RAJGARH ROAD KILCHIPUR DISTRICT Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW Date: 2022.04.28 17:16:40 IST RAJGARH (MADHYA PRADESH)

43. M/S PRABHUKIRPA FUEL SALES AND SERVICE

THROUGH ITS DEALER/PROP. LAXMI NARAYAN YADAV S/O LATE SHRI GHEESALAL YADAV , AGED ABOUT 52 YEARS, SUTALIYA ROAD BIAORA DISTRICT RAJGARH (MADHYA PRADESH)

44. M/S NAVYA KISAN SEWA KENDRA THROUGH ITS DEALER/PROP. MUKESH KUMAR PATIDAR S/O SHRI RADHESHYAM PATIDAR , AGED ABOUT 39 YEARS, BODA PACHORE ROAD, PIPLIYA RASODA DISTRICT RAJGARH (MADHYA PRADESH)

45. M/S FALODI KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. HEMANT KUMAR SETHIYA S/O SHREE PURUSHOTTAM DAS SETHIYA , AGED ABOUT 41 YEARS, MAIN ROAD CHHAPIHEDA DISTRICT RAJGARH BIAORA (MADHYA PRADESH)

46. M/S BHAGWANDAS RAJMAL THROUGH ITS DEALER/PROP. PRAKASH VIJAYWARGIYA S/O SHRI RAJMAL VIJAYWARGIYA A.B. ROAD SARANGPUR, (MADHYA PRADESH)

47. M/S SOMTIYA KISAN SEWA KENDRA THORUGH ITS DEALER/PROP. RADHESHYAM SOMTIYA S/O LATE SHRI RAMLAL SOMTIYA WARD 11, BALAL MOHLLA BODA, TEH NARSINGHGARH DISTRICT RAJGARH (MADHYA PRADESH)

48. M/S LAXMI KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. NARENDRA PARMAR S/O SHRI MAKHAN SINGH PARMAR , AGED ABOUT 27 YEAR S , ASARETA TEHSIL PACHORE DISTRICT RAJGARH (MADHYA PRADESH)

49. M/S PRIYANKA AUTO MOBILES THROUGH ITS DEALER/PROP. SMT. PRIYANKA GANDHI W/O SHRI ROHIT GANDHI NARMADA BHAWAN, OLD A.B. ROAD, BIAORA DISTRICT RAJGARH (MADHYA PRADESH)

50. M/S GHANSYAM AUTOMOBILES BIAORA THROUGH ITS DEALER/PROP. GYAN SWAROOP MUNDRA S/O SHRI OM PRAKASH MUNDRA NARMADA BHAWAN OLD A.B. ROAD, BIAORA DISTRICT RAJGARH (MADHYA PRADESH)

51. M/S LALARAM FUEL CENTER THROUGH ITS DEALER/PROP. SMT. JYOTI MUNDRA W/O SHRI LOKENDRA MUNDRA , AGED ABOUT 49 YEARS, GURUKRIPA BUILDING ZIRAPUR (MADHYA PRADESH)

52. M/S SHRI RAMCHANDRA KRIPA KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. ASHOK KUMAR GUPTA S/O SHRI RAMCHANDRA GUPTA KHUJNER ROAD, KAREDI (MADHYA PRADESH)

53. M/S MADHAV AUTO MOBILE THROUGH ITS Signature Not VerifiedDigitally signed by DEALER/PROP. ATUT SHARMA S/O SAN VARGHESE MATHEW SURESHCHANDRA SHARMA RAJGARH ROAD, KHUJNER DISTRICT RAJGARH (MADHYA Date: 2022.04.28 17:16:40 IST

PRADESH)

54. M/S PACHORE PETROLEUM THROUGH ITS DEALER/PROP BRIJBHUSHAN BAGDI S/O SHRI PURSOTTAM BAGDI , AGED ABOUT 51 YEARS, AB ROAD PACHORE DISTRICT RAJGARH (MADHYA PRADESH)

55. M/S JAGDISH FILLING CENTER THROUGH ITS DEALER/PRIOP. SHREERAM GOYAL S/O SHRI JAGDISH CHANDRA GOYAL , AGED ABOUT 60 YEARS, A.B. ROAD BHOJPURIYA PACHORE DISTT. RAJGARH (MADHYA PRADESH)

56. M/S CHUNNILAL MUNNALAL THROUGH ITS DEALER/PROP. YOGESH KUMAR GOYAL S/O SHRI JAGDISH CHANDRA GOYAL , AGED ABOUT 65 YE A R S , OLD A.B. ROAD RACHORE DISTT. RAJGARH (MADHYA PRADESH)

57. M/S BHARAT AUTOMOBILES THROUGH ITS DEALER/PROP. PARVEZ AKHTAR SAIRY S/O SHRI BURHANUDDIN SAIFY , AGED ABOUT 50 YEARS, SUBHASH MARG, NARISINGARH (MADHYA PRADESH)

58. M/S NARSINGHGARH AUTOMOBILE SERVICE THROUGH ITS DEALER/PROP, BURHANUDDIN SAIFY S/O SHRI ALI AHMED , AGED ABOUT 77 YEAR S , SUBHASH MARG, NARISINGARH DIST. RAJGARH (MADHYA PRADESH)

59. M/S ANAND OIL AGENCY THOURH ITS DEALER/PROP. MANOJ AGARWAL S/O SHRI SHIVCHAND AGRAWAL , AGED ABOUT 47 YEARS, PACHORE SHUJALPUR ROAD TALEN DISTRICT RAJGARH (MADHYA PRADESH)

60. M/S KHAJANA SHRI FILLING STATION THROUGH ITS DEALER/PROP. MOHANLAL BIHANI S/O LATE SHRI SHRILAL BIHANI , AGED ABOUT 57 YEARS, 16 BADA BAZAR NARGINGHGARH (MADHYA PRADESH)

61. M/S SHRI VALLABH PETROLEUM THROUGH ITS DEALER/PRIOP. NEELASH PALIWA S/O SHRI RADHE SHYAM PALIWAL , AGED ABOUT 38 Y E A R S , BIAORA ROAD SUTHALIYA DISTT. RAJGARH (MADHYA PRADESH)

62. M/S RAM KIRPA FUEL SALES AND SERVICE THROUGH ITS DEALER/PROP. SMT. SEEMA BAI YADAV W/O SHREE JAGDISH CHANDRA YADAV , AGED ABOUT 38 YEARS, GRAM KHATKHEDI, TEHSIL BIAORA DIST. RAJGAGH (MADHYA PRADESH)

63. M/S ADHEESH FUEL THROUGH ITS DEALER/PROP.

SMT. POONAM VIJAYVARGIYA W/O SHRI VIPIN VIJAYVARGIYA , AGED ABOUT 47 YEARS, NH 12 BALAPURA, BIAORA (MADHYA PRADESH) Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW Date: 2022.04.28 17:16:40 IST 64. M/S AJAY AUTOMOBILES THROUGH ITS DEALER/PROP. SMT. GEETIKA BUBEY W/O LATE SHRI AJAY CHAND DUBEY , AGED ABOUT 47

YEARS, KHILCHIPUR ROAD, RAJGARH (MADHYA PRADESH)

65. M/S AURAJ AUTOMOBILE SERVICE THROUGH ITS DEALER/PROP. KRISHNA KUMAR UPADHYAYA S/O LATE SHRI RAM PRATAP UPADHYAYA , AGED ABOUT 64 YEARS, NEAR POST OFFICE OLD A.AB. ROAD BIAORA RAJGARH (MADHYA PRADESH)

66. M/S MAHALAXMI FILLING STATION THROUGH ITS DEALER/PROP. SMT. LAXMI TOMAR W/O SHRI SUNIL TOMAR , AGED ABOUT 51 YEARS, 82 UDBHAV NAGAR, RAJGARH (MADHYA PRADESH)

67. M/S RAMSINGH AMARSINGH KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. DHIRENDRA SINGH YADAV S/O SHRI RAM SINGH YADAV , AGED ABOUT 46 YEARS, SUTHALIYA TEHSIL BIAORA (MADHYA PRADESH)

68. M/S RIDDHI AUTOMOBILES THROUGH ITS DEALER/PROP. DHARMENDRA KUMAR SHAKYAWAR S/O GULAB CHAND SHAKYAWAR , AGED ABOUT 44 YEARS, RAJGARH ROAD BIAORA DISTT. RAJGARH (MADHYA PRADESH)

69. M/S FALODI FILLING STSATION THROUGH ITS DEALER/PROP. SMT. SEEMA GUPTA W/O SHRI ARVIND GUPTA , AGED ABOUT 41 YEARS, BUS STAND KHICHIPUR RAJGARH (MADHYA PRADESH)

70. M/S GOPAL KRISHNA PETROLEUM PALACE THROUGH ITS DEALER/PROP. VIKAS ARORA S/O SHRI GOPAL SINGH ARORA NH-3 SARANGPUR DISTRICT RAJGARH (MADHYA PRADESH)

71. M/S MOOLCHAND HEERALAL THROUGH ITS DEALER/PROP. VIPUL CHANDAK S/O SHRI KAMAL KISHORE CHANDAK , AGED ABOUT 36 YEARS, CHHAPIHEDA, RAJGARH (MADHYA PRADESH)

72. M/S BIAORA SALES AND SERVICE THROUGH ITS DEALER/PROP. BRAMAH SWAROOP MUNDRA S/O PURUSHOTTAM DAS MUNDRA , AGED ABOUT 56 YEARS, BIAORA RAJGARH, DISTRICT RAJGARH (MADHYA PRADESH)

73. M/S MUNDRA AUTO SERVICE THROUGH ITS DEALER/PROP. SNEHALATA MUNDRA W/O SHRI PURUSHOTTAM DAS MUNDRA , AGED ABOUT 76 YEARS, JEERAPUR, DISTRICT RAJGARH (MADHYA PRADESH)

74. M/S NEELKAMAL THROUGH ITS DEALER/PROP.

AKASH MUNDRA S/O SHRI BRAMAH SWAROOP MUNDRA , AGED ABOUT 31 YEARS, KURAWAR DISTT. RAJGARH (MADHYA PRADESH)

Signature Not VerifiedDigitally signed by

75. M/S SHRINATH JI AUTOMOBILES THROUGH ITS SAN VARGHESE MATHEW Date: 2022.04.28 DEALER/PROP. DHANRAJ SINGH KHINCHI S/O 17:16:40 IST LATE SHRI VISHWANATH SINGH JI , AGED ABOUT 58 YEARS, NH 12 MELA GROUGH KHILCHIPUR, RAJGARH (MADHYA PRADESH)

76. M/S SURE COMMERCIALS THROUGH ITS DEALER/PROP. SHIV KUMAR BANSAL S/O SHRI OM PRAKASH BANSAL , AGED ABOUT 39 YEARS, PLOT NO. 2 , INDUSTRIAL AREA, PILU KHEDI DISTRICT RAJGARH (MADHYA PRADESH)

77. M/S MADHURAM SALES THROUGH ITS DEALER/PROP MS. RITU JHANWAR D/O BHARAT JHANWAR , AGED ABOUT 29 YEARS, 20 PAL ROAD NARSINGHGARH DISTT. RAJGARH (MADHYA PRADESH)

78. M/S RADHA FILLING CENTER THROUGH ITS DEALER/PROP. SMT. KAVITA BIYANI W/O SHRI KESHAV BIYANI , AGED ABOUT 46 YEARS, SHEETLA MATA MARG, NARSINGHGARH DISTRICT RAJGARH (MADHYA PRADESH)

79. M/S A.C. AGRWAWAL THROUGH ITS DEALER/PROP. ATUL AGRAWAL S/O SHRI RAMESH AGRAWAL , AGED ABOUT 40 YEARS, AC AGRAWAL OLD A.B. ROAD, BIAORA (MADHYA PRADESH)

80. M/S SHREE BALAJI FUEL STATION THROUGH ITS DEALER/PROP. NILESH VERMA S/O SHR IRAMESHCHANDRA VERMA , AGED ABOUT 42 YE A R S , SHRI BALAJI FULE STATION, MAU (PADANA) RAJGARH (MADHYA PRADESH)

81. M/S HASAN ALI BROTHERS THROUGH ITS DEALER/PROP. SIBTAION SAIFY S/O SHRI MUKHTAR HUSAIN , AGED ABOUT 50 YEARS, NH 12, INDIAN OIL PUMP KURAWAR DISTRICT RAJGARH (MADHYA PRADESH)

82. SMT. DEEPTI JAIWAL W/O SHRI LAKHANLAL JAIWAL , AGED ABOUT 35 YEARS, OCCUPATION: DEALER/PROPRIETOR OF M/S GOURISHANKAR JAISWAL FUELS BHUSAWAL ROAD, BISTAN, KHARGONE (MADHYA PRADESH)

83. M/S SHREE KRISHNA FILLING STATION THROUGH ITS DEALER/PROP. SMT. KRISHNA DEVI. NAGAR W/O SHRI SURESH NAGAR , AGED ABOUT 45 YEARS, VILLAGE POST SANDAWATA, TEH. SARANGPUR (MADHYA PRADESH)

84. M/S PALIWAL PETROLEUM KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. SMT. ARPANA PALIWAL W/O SHRI AJAY KUMAR PALIWAL , AGED ABOUT 31 YEARS, VILLAGE SANDAWATA, TEHSIL SARANGPUR (MADHYA PRADESH)

85. M/S MAHIMA AUTO CENTER THROUGH ITS DEALER/PROP. MAHENDRA HARDIA S/O LATE SHRI SHRI KEWALCHAND HARDIA , AGED ABOUT 64 YEARS, NAMAWAR ROAD, DEVGURADIA, Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW INDORE (MADHYA PRADESH) Date: 2022.04.28 17:16:40 IST

86. M/S BABA FUEL STATION THROUGH ITS DEALER/PROP. SMT. MAMTA SISODIA W/O SHRI

KARAN SINGH SISODIA , AGED ABOUT 48 YEARS, 6, ANURAG NAGAR, INDORE (MADHYA PRADESH)

87. M/S ANIL AUTO MOBILES THROUGH ITS DEALER/PROP ANIL CHANDRA DUBEY S/O LATE SHRI KAILASH CHANDRA DUBEY , AGED ABOUT 56 YEARS, A.B. ROAD, BARWAL GHATI, SHAJAPUR (MADHYA PRADESH)

88. M/S SHRI DEV FILLING STATION THROUGH ITS DEALER/PROP. RAKESH MAHESHWARI S/O SHRI NANDLAL MAHESHWARI , AGED ABOUT 42 YEARS, MAIR ROAD KURAWAR DISTT. RAJGARH (MADHYA PRADESH)

89. M/S PRABHAT KISAN SEVA KENDRA THORUGH ITS DEALER/PROP. MAHESH KUMAR PATIDAR S/O SHRI RAMNIVAS PATIDAR , AGED ABOUT 42 YEAR S, NEEMUCH SINGOLI ROAD SARWANIYA MAHARAJ DISTT. NEEMUCH (MADHYA PRADESH)

90. M/S CHOUDHARY PETROL PUMP THROUGH ITS DEALER/PRP. DEVSHANKAR CHOUHDARI S/O SHRI NANALAL JI CHOUDHARY , AGED ABOUT 48 YE A R S , KANJARDA, TEHSIL MANASA DISTT. NEEMUCH (MADHYA PRADESH)

91. M/S SIDHDHAM PETROLEUM POINT THROUGH ITS DEALER/PROP SMT. MANJULA JAIN W/O SHRI PRAKASH JAIN , AGED ABOUT 45 YEARS, MANDSAUR (MADHYA PRADESH)

92. M/S BALAJI FUELS LODKIYA THROUGH ITS DEALER/PROP. SURESH CHANDRA VIJAYVARGIA S/O SHRI KANHAIYALALJI , AGED ABOUT 60 YEARS, MANASA PIPLIA ROAD, LODKIYA, TEH. MANASA DISTT. NEEMUCH (MADHYA PRADESH)

93. M/S SAI KRIPA FUELS THROUGH ITS DEALER/PROP. SHRI MAHENDRA CHHABRA CHHABRA S/O SHRI RAMESH CHANDRAJI CHHABRA , AGED ABOUT 30 YEARS, SAWAN, TEHSIL MANASA, NEEMUCH (MADHYA PRADESH)

94. M/S SHREENIWAS SAWANWALA AND COMPANY THROUGH ITS DEALER/PRP. RAJKUMAR PORWAL S/O LATE SHRI SHREENIWAS JI PORWAL , AGED ABOUT 66 YEARS, SHREENIWAS SAWANWALA AND CO. BPCL DEALSERS, TEHSIL MANASA DISTT. NEEMUCH (MADHYA PRADESH)

95. M/S BHAVYA KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. SMT. MADHU JAIN W/O SHRI NILESH JAIN , AGED ABOUT 37 YEARS, MALI GALI, MALHARGARH, MANDSAUR (MADHYA PRADESH)

96. M/S TEJPRAKASH KISAN SEVA KENDRA THROUGH ITS DEALER/PROP. NITESH JAIN S/O SHRI PRAKASH JAIN , AGED ABOUT 40 YEARS, Signature Not VerifiedDigitally signed by SAN VARGHESE PIPLIYA MANDI, MALHARGARH, MANDSAUR MATHEW Date: 2022.04.28 (MADHYA PRADESH) 17:16:40 IST

97. M/S MANEJI PETROLEUM THROUGH ITS

DEALER/PROP. SMT. SUNITA MAJEJI W/O LATE SHRI RAMGOPAL MAJEJI , AGED ABOUT 56 YE A R S , MAJEJI NURSING HOME, NEEMUCH ROAD, MANASA DISTT. NEEMUCH (MADHYA PRADESH)

98. MAHENDRA BHATNAGAR S/O SHRI SHYAM SUNDAR BHATNAGAR , AGED ABOUT 55 YEARS, OCCUPATION: DEALER/PROPRIETOR OF M/S KAHALI AUTO MOBILE MANASA RAOD NEEMUCH (MADHYA PRADESH)

99. OMPRAKASH UPADHYAY S/O SHRI SHANKAR LALJI UPADHYAY , AGED ABOUT 50 YEARS, OCCUPATION: DEALER/PROPRIETOR OF M/S GANESH HIGHWAY SERVICE MANGALAM, BUNGLOW NO. 6, NEEMUCH DISTT. NEEMUCH (MADHYA PRADESH)

100. M/S SANTOSHMAL RAJMAL KHABIYA THROUGH ITS DEALER/PROP. SUBHASH CHAND KHABIYA S/O SHRI SANTOSHMAL KHANIYA , AGED ABOUT 65 YEARS, GANDHISAGAR ROAD, RAMPURA, DISTT. NEEMUCH (MADHYA PRADESH)

101. M/S JAGANNATH BALMUKUND JHANVA THROUGH ITS DEALER/PROP. PRABHULAL JHANWAR S/O SHRI HARIVALLABH JHANWAR , AGED ABOUT 60 YEARS, JHANWAR PETROL PUMP, MANDSAUR ROAD, MANASA, DISTT. MANDSAUR (MADHYA PRADESH)

102. M/S PANCHMUKHI PETROLEUM MANASA THROUGH ITS DEALER/PROP. HARSHIL BAHETI S/O SHRI SATYANARAYAN BAHETI , AGED ABOUT 31 YEARS, MANASA NEEMUCH ROAD, MANASA DISTT. NEEMUCH (MADHYA PRADESH)

103. M/S SANTOSHMAL RAJMAL KHABIYA THROUGH ITS DEALER/PROP. MAHENDRA KHABIYA S/O SANTOSHMAL KHABIYA , AGED ABOUT 62 YEARS, MANDSAUR NAKA, MANASA, DISTT. NEEMUCH (MADHYA PRADESH)

104. M/S MUNDRA FILLING STATION THROUGH ITS DEALER/PROP. GOVIND PRAKASH BAHETI S/O SHRI MADANLAL BAHETI , AGED ABOUT 62 YEAR S, MUNDRA FILLING STATION, MANASA, DISTT. NEEMUCH (MADHYA PRADESH)

.....PETITIONERS (BY SHRI ABHISHEK BAJPAI, ADVOCATE )

AND

1. UNION OF INDIA SECRETARY MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAWAN, NEW DELHI (DELHI)

Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW

2. THROUGH MANAGING DIRECTORATE, Date: 2022.04.28 17:16:40 IST HINDUSTAN PETROLIUM CORPORATION L I M I T E D , 17, JAMSHEDJI TATA ROAD, PETROLEUM HOUSE, MUMBAI (MAHARASHTRA)

3. THROUGH ITS MANAGING DIRECTOR, INDIAN OIL CORPORATION LIMITED, 3079/3, SASDIQ NAGAR, JB TITO MARG, (DELHI)

4. THROUGH ITS MANAGING DIRECTOR, BHARAT PETROLIUM CORPORATION LIMITED BHARAT BHAWAN , 4 AND 6 CURRIMBHOY ROAD, BALLARD ESTATE, (MAHARASHTRA)

5. CHUEF DIVISIONAL (R) MANAGER, INDIAN OIL CORPORATION LTD., 50A, MR-10, NEW HIRA NAGAR, INDORE (MADHYA PRADESH)

6. TERRITORY MANAGER BHARAT PETROLEUM CORP. LTD. MANGLIA, (MADHYA PRADESH)

7. CHIEF REGIONAL MANAGER HINDUSTAN PETROLIUM CORPORATION LIMITED, KAPAS BHAWAN,27-A, RACE COURSE ROAD, (MADHYA PRADESH)

.....RESPONDENTS (SHRI YOGESH MITTAL, ADVOCATE FOR RESPONDENT IOC, SHRI DILIP KSHIRSAGAR, ADVOCATE FOR RESPONDENT BPCL, SHRI S.R. KOCHATTA, ADVOCATE FOR RESPONDENT HPCL )

This petition coming on for orders this day, the court passed the following:

ORDER Counsel for respondents have filed IA No.1338/2022 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 Signature Not VerifiedDigitally signed by SAN VARGHESE requested to decide W.P.(C)No.10334 of 2017. Said Writ Petition was decided MATHEW

and allowed in favour of the petitioners turning down the impugned amendments as Date: 2022.04.28 17:16:40 IST

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 sanguine, would be best suited to decide to whom the facility is to be extended. To this extent, the reading down of Clause 5.1.14 (b) of the MDG- 2017, by the learned Single Judge, is upheld.

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 17:16:40 IST