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2017 Supreme(SC) 1506

Indian Oil Corporation Limited – Appellant
Versus
Kerala State Road Trading Corporation – Respondent


Advocate Appeared:
For the Appellants :Tushar Mehta, AAG, Amit Meharia, Ms. Tannishtha Singh, Ms. Ayushi Gupta, Ms. Aishwariya Kuhar, Akhil Aggarwal, S. N. Bhat, Pradhuman Gohil, Vikash Singh, Ms. Taruna Singh Gohil, Himanshu Chaubey, Radha Shyam Jena, Subramonium Prasad, AAG, T.R.B. Sivakumar, B. Balaji, C. S. N. Mohan Rao, B. Ramana Murthy, Pradeep Misra, Suraj Singh, Advocates.
For the Respondents:A.K. Sanghi, Sr. Adv., Ms. Rashmi Malhotra, Ms. Sweta Garg, Raj Bahadur, (M/S. Meharia & Company), Nishe Rajen Shonker, Ms. Anu K. Joy, Abdul Kabeer, V.Giri, Sr. Adv., Deepak Prakash, Subhash Chandran K.R., Ms. Yammi, Raneev Dhiya, C.S.N. Mohan Rao, Advocates.

ORDER :

Leave granted.

2. The issue involved in the present matter(s) is with respect to the validity of the policy decision taken by the Government of India.

3. Writ Petition (Civil) No.7517 of 2013 was filed in the High Court of Kerala at Ernakulam. The prayer made in the writ petition is as follows:

I. Issue an appropriate writ, order or direction declaring that the diesel price hike introduced as per Ext.P1 to the Kerala State Road Transport Corporation, compelling the petitioner to pay enhanced rate than while purchasing diesel from private or other diesel bunk, is wholly arbitrary, illegal, unjust, unconstitutional and violative of Article 12 and 14 of the Constitution of India;

(ii) Issue any appropriate order commanding the 1st respondent to withdraw the dual pricing policy of diesel introduced as per Ext.P1 or in the alternative accord exemption to the petitioner, from the category of bulk consumer, and treat the petitioner as a retail customer for the purpose of diesel purchasing.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding th
































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