IN THE HIGH COURT OF KARNATAKA, AT BENGALURU

DATED THIS THE 21^ST DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.22960/2019 (GM-RES)

BETWEEN

P S ADINARAYANA PRASAD

AGED ABOUT 63 YEARS,

S/O LATE SRI P SATHYANARAYANA,

M/S HPCL DEALER, NO.136, S C ROAD,

SHESHADRIPURAM, BANGALORE-560020

…PETITIONER/S

(BY SRI./SMT.: S SUBHASH, ADVOCATE)

AND

1 .

MINISTRY OF PETROLEUM &

NATURAL GAS,

UNION OF INDIA, SHASTRY BHAVAN,

NEW DELHI-110001, REP BY ITS SECRETARY.

2 .

M/S HINDUSTAN PETROLEUM CORPORATION LTD

A GOVT OF INDIA UNDER TAKING,

REGISTERED UNDER THE COMPANIES ACT 1956,

REGISTERED OFFICE AT NO.17, JAMSHEDJITATA ROAD,

MUMBAI-400020, REPRESENTED BY ITS CHAIRMAN AND

MANAGING DIRECTOR.

3 .

M/S HINDUSTAN PETROLEUM CORPORATION LTD

REGIONAL OFFICE, NO.77, OLD MADRAS ROAD,

W.P.NO.22960/2019

2

DOORAVANINAGAR POST, KRISHNARAJAPURAM,

BANGALORE-560016.

REP. BY IT’S THE DEPUTY GENERAL MANAGER-RETAIL

AND DUTY CONSTITUTED AUTHORITY.

4 .

M/S INDIAN OIL CORPORATION

A GOVT OF INDIA UNDERTAKING REGISTERED UNDER THE

COMPANIES ACT 1956

HAVING ITS REGISTERED OFFICE AT NO.G-9, ALI YAVAR

JUNG MARG, BANDRA EAST, MUMBAI-466051

REP BY ITS CHAIRMAN AND MANAGING DIRECTOR.

5 .

M/S BHARATH PETROLEUM CORPORATION

A GOVT OF INDIA UNDERTAKING REGISTERED UNDER THE

COMPANIES ACT 1956

HAVING ITS REGISTERED OFFICE AT BHARATH BHAVAN,

NO.4, AND 6, CURRIMBHOY ROAD, BALLARD ESTATE,

MUMNBAI-400001

REP BY ITS CHAIRMAN AND MANAGING DIRECTOR.

…RESPONDENT/S

(BY SRI./SMT.: C/R 2 & 3 IN CP 5390/19. SRI B.PRAMOD

ADVOCATE FOR C/R/2,3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, THE

ORDER OF TERMINATION DTD 01.04.2019 PASSED BY THE R-3 IS

ILLEGAL AND NULL AND VOID AND QUASH THE ORDER OF

TERMINATION VIDE ANNX-P. DIRECT THE R-3 TO RESTORE THE

RETAIL OUTLET M/S P. SATYANARAYANA AND COMPANY, SITUATED

AT NO.136, SC ROAD, SHESHADRIPURAM, BANGALORE-560020,

WHICH WAS TAKEN OVER ON 03.04.2019 TO THE PETITIONER

FORTHWITH AND NOT TO INTERFERE WITH THE PETITIONERS

W.P.NO.22960/2019

3

RUNNING OF THE OUTLET. DIRECT THE R-3 TO PAY THE VALUE OF

THE PRODUCTS THAT WERE AVAILABLE AND TAKEN OVER FROM

THE PETITIOENRS SUBJECT RETAIL OUT ON 03.04.2019. DECLARE

THAT TO THE EFFECT THAT, THE MARKETING DISCIPLINE

GUIDELINES EFFECTIVE 8TH JANUARY 2012 UPDATED AS OF

OCTOBER 2018 VIDE ANNX-D AS UNCONSTITUTIONAL, ILLEGAL,

NULL AND VOID.

THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY

THE COURT MADE THE FOLLOWING ORDER.

ORDER

Two weeks time is granted to comply with the office objections,

failing which, petition stands rejected on its own.

Sd/-

JUDGE

TYPED BY : SK

CASE WORKER : JK

COMPARED BY : JK

COPY

Sd/-

ASSISTANT REGISTRAR