SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(AP) 770

High Court of Andhra Pradesh
P. NAVEEN RAO, J.
M/s. The Andhra Pradesh LPG (Cooking Gas) Dealers Association
Versus
Bharat Petroleum Corporation Limited & Others
Writ Petition No. 32674 of 2013
Decided on : 18-07-2014

Advocates appeared:
For the Petitioner: S.R. Ashok, Senior counsel.
For the Respondents:R3 to R7, B. Mayur Reddy, R8, Nanda, Advocates.

Headnote:

Writ Petition - Brochure of guidelines - Impugned notification seeks to appoint LPG distributors in 499 locations in undivided State - Out of 499, 440 locations were against restructuring, 48 were newly identified markets and 11 were against the terminated distributorships - Petitioner challenges the said notification on the ground that if these 499 distributors are appointed, it would adversely affect the existing distributors in carrying on the business - Held, In this writ petition, the contentions urged on behalf of petitioner are same in content and substance as raised in the earlier Writ Petition, only texture is different - Earlier decision has become final as petitioner did not prefer appeal against the said decision The notification calling for enlistment of new dealers is new but grounds of challenge are same - In the earlier Writ Petition, the petitioner having invited findings on all issues concerning enlistment of new dealers in the existing territories where its members are operating, it is not open to it to agitate same issues again when a new notification is issued - Decision relied on by the learned senior counsel for petitioner does not come to his rescue - Present writ petition is liable to be dismissed as not maintainable in view of the decision of this court in “LPG Dealers Association”, referred to above, on all the issues agitated herein - Petition dismissed. (Para 27)

Judgment :

Petitioner is an association of existing LPG distributors. In this writ petition, petitioner challenges notification issued by Bharat Petroleum Corporation (BPCL), Hindustan Petroleum Corporation Limited (HPCL), Indian Oil Corporation Limited (IOCL) published in the daily newspapers on 15.9.2013 calling for applications for enlistment of new LPG distributors in the entire state of Andhra Pradesh (Undivided). The notification calls for applications for enlistment as distributors at 499 locations. The procedure for selection, principle of reservation, eligibility criteria are all governed by the brochure of guidelines for selection on regular LPG distributors brought about by three oil companies in May, 2013. On the ground that parameters prescribed by the Government of India for enlistment of the distributorship has not been observed, causing great hardship and suffering to the existing distributors, this writ petition is instituted.

2. The impugned notification seeks to appoint LPG distributors in 499 locations in undivided State of Andhra Pradesh. Out of 499, 440 locations were against restructuring, 48 were newly identified markets and 11 were against the terminated distributorships. Petitioner challenges the said notification on the ground that if these 499 distributors are appointed, it would adversely affect the existing distributors in carrying on the business. These locations are in addition to the locations identified under RGGLV Project.

3. Heard Sri S.R.Ashok, learned senior counsel appearing for petitioner association and Sri B. Mayur Reddy for respondents 3 to 7 and Mrs Nanda for Union of India- respondent no.8.

4. Sri S.R.Ashok, learned senior counsel appearing for the petitioners contended that there is wholesale breach of the policy evolved by the respondent company regarding provision of distributors and identification of locations in present notification process. He has relied on the minutes of meeting dated 3.4.2013 presided over by the Defence Minister, Union of India which has laid down the guidelines for entrustment of LPG dealership. These norms are based on the population in particular locality. According to the norms, a standard distributor is expected to have a turnover of distribution of cylinders to an extent of 22000. Learned senior counsel therefore contended that while determining the number of dealerships in any area where already a distribution agency exists, unless the said distribution agency reaches 125 % on the target fixed, there cannot be induction of new dealership. Once a policy is formulated by the Government of India and the respondent oil companies, they are bound by the said policy and violation of the policy vitiates the entire exercise.

5. Learned senior counsel submitted that in several distribution locations listed out in the notification existing dealers have far less consumer base than the target determined by the oil companies and, therefore, the present exercise of awarding more dealerships, is wholly illegal and in clear violation of their own policy. The distribution capacity is on the basis of the number of cylinders distributed in a month but not the volume of customers. In support of his contention, learned senior counsel circulated a list of out-lets in various places including Hyderabad referring to the customer base as well as turnover in various cities. Learned senior counsel submitted that none of these towns and cities have fulfilled the parameters of attainment of 125 % sales. He further contended that all the oil companies have together, advertised for new retail dealers, whereas each oil company have separate dealers and in each of the oil company, the requirement is nil or limited in various places as per the norms prescribed. Cumulative exercise was not done by taking into consideration the sales of the retail outlets in a particular town irrespective of the company distributorship.

6. The problem of dealers is compounded on account of change in th








































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top