Back
BIVAS PATTANAYAK
West Bengal Kerosene Agents’ Welfare Association – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition for kerosene oil allocation. (Para 1 , 2) |
| 2. respondents contest maintainability of the writ. (Para 3) |
| 3. arguments on need and rationale of kerosene allocation. (Para 5 , 6 , 7 , 8 , 9) |
| 4. discussions on locus standi and rights. (Para 10 , 11) |
| 5. discussion on policy obligations of the central government. (Para 12 , 13) |
| 6. court's decision on need for policy revision. (Para 15) |
| 7. direction for framing a policy on allocation of kerosene oil. (Para 16) |
| 8. disposal of the writ petition. (Para 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
Bivas Pattanayak, J.
1. This writ petition is filed by the petitioners under Article 226 of the Constitution of India for a direction upon respondent nos.1 to 4 to make allocation of kerosene oil to the State of West Bengal considering the per capita requirement on uniform basis at par with other States and not to make any further curtailment in the allocation of kerosene oil to the State of West Bengal.
2. The brief fact of the petitioners’ case in a nutshell is as follows:
Article 19(1)(g) grants the right to trade, but specific governmental allocations are not guaranteed, allowing the government discretion in policy decisions.
The Central Government has a statutory duty to fix the subsidized price of kerosene oil for consumers under the Public Distribution System, and the delegation of this authority to oil companies was f....
Point of Law : Scheduled Tribes - Reservation/ Guidelines - LPG Distributorship - Selection of - Unless this petition was a PIL, such contentions of petitioner without having a cause of action, would....
When the distribution network of the present petitioner and the respondent no. 3 Society, who has a number of fair price shop retailers under its aegis.
The court upheld the Oil Marketing Companies' authority to transfer customers among distributors, affirming that the policy serves constitutional objectives of equitable resource allocation and does ....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
