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2008 Supreme(P&H) 1570

HEMANT GUPTA, KANWALJIT SINGH AHLUWALIA
Munish Gupta – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Shri Ashok Aggarwal, Senior Advocate with Shri Mukul Aggarwal, Advocate.
For the Respondent No. 1:Shri S.K. Sharma, Advocate.
For the Respondent Nos. 2 and 3:Shri S.C. Kapoor, Senior Advocate, with Shri Ashish Kapoor, Advocate.
For the Petitioner:Shri Arun Palli, Senior Advocate, with Shri Harinder Sharma, Advocate.
For the Respondent No. 1:Shri S.K. Sharma, Advocate.
For the Respondent Nos. 2 and 3:Shri Anil Malhotra, Advocate.

JUDGMENT

Hemant Gupta, J. - This order shall dispose of Civil Writ Petition Nos. 14572 of 2007; 17067 of 2007 and 8826 of 2008, as all the three writ petitions raise identical questions of law arising out of the similar facts.

2. In Civil Writ Petition No. 14572 of 2007, the petitioner was granted distributorship of Liquified Petroleum Gas (for short referred to as the LPG) at Phagwara, in the year 1995 on the basis of the recommendations of the Oil Selection Board. However, the said distributorship was cancelled on 21.7.2004 pursuant to a show cause notice dated 15.6.2004. The Petitioner filed representation to Government of India, Ministry of Petroleum and Natural Gas. The Ministry issued directions on 10. 11.2005 (Annexure P.7), wherein it was observed that Marketing Discipline Guidelines issued by the Ministry of Petroleum and Natural Gas on 12.4.2001, have been issued so that the penal action against the distributors may be taken without any discrimination and to avoid arbitrary action at the field level. It was, thus, observed that that the Marketing Discipline Guidelines are to be respected by the Oil Marketing Company, in letter and spirit, therefore, the Director, Marketin






























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