Drop-in fuel is classified as a petroleum product and an essential commodity under the law, thus subject to regulations outlined in the Control Order, 2005.

JUDGMENT :

MUNNURI LAXMAN, J.

1. This order disposes of S.B. Civil Writ Petition No. 6796/2025 and S.B. Civil Writ Petition No.1031/2025.

2. The reliefs sought in S.B. Civil Writ Petition No.6796/2025 are as follows:

i) By an appropriate writ, order or direction, the provisions of the Motor Spirit and High-Speed diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 with its subsequent amendments, are not applicable upon the Indizel which is a Drop in bio-fuel and further, the respondent authorities be restrained to take any coercive action against the petitioner firm and permit the petitioner firm to continue with its business of Drop in bio-fuel as a retail outlet dealer.

ii) Any other appropriate order or direction which this Hon’ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

iii) Costs of the writ petition may kindly be awarded to the petitioner.

3. The reliefs sought in S.B.Civil Writ Petition No.1031/2025 are as follows:

i) By an appropriate writ, order or direction, the provisions of the Motor Spirit and High-Speed diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 with its subsequent amendments, are not applicable upon the Indizel which is a Drop in bio-fuel and further, the respondent authorities be restrained to take any coercive action against the petitioner firm and permit the petitioner firm to continue with its business of Drop in bio-fuel as a retail outlet dealer.

ii) By appropriate writ, order of direction,t he impguned order dated 30.12.2024 (Annex-17) passed by the learned Additional District Collector, Nagaur may kindly be declared illegal and be quashed and set aside and any proceeding initiated consequently thereto may also be declared non-est.

iii) Any other appropriate order or direction which this Hon’ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

iii) Costs of the writ petition may kindly be awarded to the petitioner.

4. For the sake of brevity, the facts stated in S.B. Civil Writ Petition No. 6796/2025 (M/s. My Own Eco Energy Private Limited vs. Union of India & Ors.) are adopted for the disposal of both writ petitions. The petitioner-Company is engaged in the manufacturing, distribution, marketing, and retail of Indizel, which is India’s first Euro 6-compliant drop-in bio-fuel. This industry was established pursuant to the National Policy on Bio-fuels of 2018. Indizel, a drop-in bio-fuel, is a non-fossil fuel. The petitioner- Company is the largest manufacturer of drop-in fuel in India and is planning to market it through multiple fuel stations across the country.

5. The petitioner in S.B. Civil Writ Petition No. 1031/2025 is a Firm engaged in selling drop-in fuel by establishing retail outlets for the sale of the drop-in fuel manufactured by the petitioner-Company.

6. The primary claim of the petitioner-Company is that drop-in fuel, which is a non-bituminous fuel, is not an essential commodity as notified under the Essential Commodities Act. Therefore, the provisions of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 (hereinafter referred to as “the Control Order, 2005”), which was promulgated by the Central Government by invoking powers under Section 3 of the Essential Commodities Act, 1955, are inapplicable to the drop-in fuel manufactured by the petitioner-Company.

7. Further, the case of the petitioner-Company is that, as per the definition contained in the Petroleum and Natural Gas Rules, 1959, framed by exercising powers under Sections 5 and 6 of the Oilfields (Regulation and Development) Act, 1948, "petroleum" has been defined in a manner that does not include drop-in fuel. Hence, drop-in fuel cannot be considered a petroleum product so as to attract the application of the Control Order, 2005.

8. On this