-1- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 31 st DAY OF MARCH 2016

BEFORE

THE HON’BLE MR. JUSTICE H.G.RAMESH

W.P.NO.66312 of 2010 AND W.P.NOS.66336-66411 OF 2010 (GM-RES)

BETWEEN

1. UNITED AUTOMOBILES, AUTHORISED DEALER OF HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY SHRI. SUDHAKAR D. SHANBAG, AGE: 77 YEARS, OCC: BUSINESS, R/O COLLEGE ROAD, BELGAUM.

2. M/S ALTRADE AGENCIES, AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY SHRI. MAHENDRA D. DESHPANDE, AGE: 52 YEARS, OCC: BUSINESS, R/O FORT ROAD, BELGAUM.

3. BARDE ROADLINES, AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY SHRI. AVADHOOT BARADE, AGE: 29 YEARS, OCC: BUSINESS, R/O 12/1, 1B, KAKATI, BELGAUM.

4. MANIKBAG OIL MILLS, AUTHORISED RETAIL OUTLET DEALER REP. BY BHUSHAN MIRJI, AGE: 52 YEARS, OCC: BUSINESS, R/O P.B. ROAD, BELGAUM.

5. SHRI. BASAVESHWAR TRADERS, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY -2- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

SHIVALINGAPPA M. NAVALAGI, AGE: 46 YEARS, OCC: BUSINESS, R/O YADAWAD, TQ. , DIST. BELGAUM.

6. MUJAWAR ROADWAYS, AUTHORISED RETIAL OUTLET DEALER REP. BY ARIF MUJAWAR, AGE: 45 YEARS, OCC: BUSINESS, R/O P.B. ROAD, NEHRU NAGAR, BELGAUM.

7. MAHANT PETROLEUM, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY RAJADEEP KAUJALGI, AGE: 40 YEARS, OCC: BUSINESS, R/O 1040/1F, GOKAK ROAD, MAHANTESH NAGAR, BELGAUM.

8. RAVI AUTO AGENCIES, AUTHORISED RETAIL OUTLET DEALER, REP BY. RAVI BASAVARAJ KARALE, AGE: 45 YEARS, OCC: BUSINESS, R/O RAVI AUTO AGENCIES, , TQ. HUKKERI, DIST. BELGAUM.

9. SHRI. HARI KRUPA PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP BY. MAHADEV BALAPPA HEBBAL, AGE: 54 YEARS, OCC: BUSINESS, R/O KAUJALGI, TQ. GOKAK, DIST. BELGAUM.

10. VIVEK PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP BY. MRS. HEMA ANIL PATIL, AGE: 30 YEARS, OCC: BUSINESS, R/O , TQ. GOKAK, DIST. BELGAUM.

11. BHANASHANKARI PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP BY. SHASHIKANT A. NAIK, AGE: 51 YEARS, OCC: BUSINESS, R/O DAM (HOSUR), TQ. HUKKERI, -3- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

DIST. BELGAUM.

12. DESHPANDE PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, INDIAN OIL CORPORATION LTD., REP BY. ROHIT R. DESHPANDE, AGE: 47 YEARS, OCC: BUSINESS, OPP. BSNL OFFICE, CAMP, BELGAUM

13. GOGTE PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP BY. MRS. ROHINI S. GOGTE, AGE: 54 YEARS, OCC: BUSINESS, R/O KHANAPUR ROAD, TILAKWADI, BELGAUM.

14. M/S V. J. MANJREKAR & SONS, AUTHORISED RETAIL OUTLET DEALER, BHARAT PETROLEUM CORPORATION LTD REP BY. GOURAV MANJREKAR AGE: 27 YEARS, OCC: BUSINESS, R/O NEAR HOTEL MILAN, CLUB ROAD, BELGAUM.

15. MOHANA PETROLEUMS AND AUTO LPG, AUTHORISED RETAIL OUTLET DEALER, REP. BY. SHRI. VEERANNA S. KAUJALGI, AGE: 72 YEARS, OCC: BUSINESS, R/O CTS NO. 10212-15, SHIVAJI NAGAR, BELGAUM.

16. M/S GAJANAN TRADERS, AUTHORISED RETAIL OUTLET DEALER, REP. BY. SUDHIR G. PATIL, AGE: 30 YEARS, OCC: BUSINESS, R/O SULAGA, BELGAUM.

17. M/S MURAGENDRA TRADERS, AUTHORISED RETAIL OUTLET DEALER, INDIAN OIL CORPORATION LTD., REP. BY. B.S. PATTANSHETTY, AGE: 69 YEARS, OCC: BUSINESS, R/O BELGAUM BAGALKOT ROAD, , TQ. , DIST. BELGAUM. -4- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

18. DR. HARDIKAR SEVA DHAM SOCIETY, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY. ITS SECRETARY SHRI. KIRAN M. VAIDYA, AGE: 58 YEARS, OCC: BUSINESS, R/O GHATAPRABHA, TQ. GOKAK.

19. THE GOKAK TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., GOKAK, AUTHORISED RETAIL OUTLET DEALER, REP. BY MAHADEV B. , AGE: 58 YEARS, OCC: BUSINESS, R/O GOKAK, DIST. BELGAUM.

20. M/S JADHAV AUTO SERVICE, AUTHORISED RETAIL OUTLET DEALER, REP. BY ITS PARTNER, SHRI. MARUTI D. JADHAV, AGE: 62 YEARS, OCC: BUSINESS, R/O FORT ROAD, BELGAUM.

21. ESSKAY PETROLEUM, AUTHORISED RETAIL OUTLET DEALER, INDIAN OIL CORPORATION LTD, REP. BY JASMINDAR SINGH KURANA, AGE: 31 YEARS, OCC: BUSINESS, R/O SY. NO. 38, B. K. KANGRALI, BAUXITE ROAD, BELGAUM.

22. SHRI. GURU DUTT PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, INDIAN OIL CORPORATION LTD, REP. BY SHANKAREPPA S. SHIRKOLI, AGE: 37 YEARS, OCC: BUSINESS, R/O 82/1A, NEAR KAMTNUR CROSS, , TQ. HUKKERI, DIST. BELGAUM.

23. PETROLEUMS, AUTHORISED DEALER OF HINDUSTAN PETROLEUMS CORPORATION LTD., REP. BY ASIF M. NANDAGAON, AGE: 28 YEARS, OCC: BUSINESS, R/O BIJAPUR ROAD, SH, ATHANI, DIST. BELGAUM.

24. LAXMI NARAYAN PETROLEUM AKKOL, AUTHORISED DEALER OF -5- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

INDIAN OIL CORPORATION LTD., REP. BY RAMNARAYAN V. KULKARNI, AGE: 40 YEARS, OCC: BUSINESS, R/O AKKOL, TQ. , DIST. BELGAUM.

25. RENUKA ENTERPRISES, AUTHORISED DEALER OF HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY RAJENDRA S. MALAGI, AGE: 39 YEARS, OCC: BUSINESS, R/O GANDHI NAGAR, BELGAUM.

26. M/S R. T. PATIL PETROLEUM AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY SHRI. VISHAL H. PATIL, AGE: 40 YEARS, OCC: BUSINESS, R/O YARAGATTI, TQ. SAUNDATTI, DIST. BELGAUM.

27. M/S B. L. PATIL AND SONS, AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY MR. S. B. PATIL, AGE: 55 YEARS, OCC: BUSINESS, R/O HATTARAGI, TQ. HUKKERI, DIST. BELGAUM.

28. M/S KUDAHI PETROLEUMS, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY SHRI. A.G. ROHILE, AGE: 56 YEARS, OCC: BUSINESS, R/O UGAR JAMAKHANDI ROAD, , TQ. , DIST. BELGAUM.

29. SUPREME PETROLEUMS, AUTHORISED DEALER OF HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY MR. ISRAL A. MUJAWAR AGE: 54 YEARS, OCC: BUSINESS, R/O AZAM NAGAR, BELGAUM.

30. M/S SANYAM PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER REP. BY UDAYKUMAR B. PATIL, -6- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

AGE: 34 YEARS, OCC: BUSINESS, R/O , TQ. CHIKKODI, DIST. BELGAUM.

31. M/S R. B. KITTURKAR PETROLEUMS, AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP BY. SANTOSH A. KITTURKAR, AGE: 35 YEARS, OCC: BUSINESS, R/O , TQ. HUKKERI, DIST. BELGAUM.

32. M/S J. K. MAKAVI AND COMPANY, AUTHORISED RETAIL OUTLET DEALER REP BY ITS PARTNER KALLAPPA S. MAKAVI AGE: 36 YEARS, OCC: BUSINESS, R/O KHANAPUR, TQ. KHANAPUR, DIST, BELGAUM.

33. SAGAR CEMENT PIPE INDUSTRIES, AUTHORISED RETAIL OUTLET DEALER, REP. BY PARAGOUDA B. PATIL, AGE: 65 YEARS, OCC: BUSINESS, R/O BEDAKIHAL, TQ. CHIKKODI, DIST. BELGAUM.

34. M/S SHREE MALLIKARJUN SERVICE STATION, AUTHORISED RETAIL OUTLET DEALER, REP. BY BHALCHANDRA S. HOSAMANI, AGE: 51 YEARS, OCC: BUSINESS, R/O KHANAPUR, DIST. BELGAUM.

35. BASAVARAJ PETROLEUM AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY MAHADEVI B. , AGE: 48 YEARS, OCC: BUSINESS, R/O KALLOLI, TQ. GOKAK, DIST. BELGAUM.

36. ASHOK PETROL STORES, AUTHORISED RETAIL OUTLET DEALER, REP. BY SUDHIR R. VANTAMURI, AGE: 58 YEARS, OCC: BUSINESS, R/O TELEGRAPH ROAD, BELGAUM. -7- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

37. AMOGH GANESH PETROLEUM, AUTHORISED RETAIL OUTLET DEALER, REP. BY M/S PADMASHREE L. DESAI, AGE: 31 YEARS, OCC: BUSINESS, R/O , TQ. RAIBAG, DIST. BELGAUM.

38. SHRI. DHANESHWARI PETROLEUMS, AUTHORISED DEALER, INDIAN OIL CORPORATION LTD., REP. BY SOMASHEKHAR B. TELASANG, AGE: 48 YEARS, OCC: BUSINESS, R/O NH ROAD, SAUNDALAGA, TQ. CHIKKODI, DIST. BELGAUM.

39. GOMATESH PETROLEUMS AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY APPASAHEB B. BALIKAI, AGE: 37 YEARS, OCC: BUSINESS, R/O NH-4, HEBBAL, TQ. HUKKERI, DIST. BELGAUM.

40. JAI HANUMAN PETROLEUMS AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY Y.R. ITIGONI, AGE: 36 YEARS, OCC: BUSINESS, R/O N. M. ROAD, , TQ. CHIKKODI, DIST. BELGAUM.

41. ANJANEYA PETROLEUMS, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY VASANT K. , AGE: 43 YEARS, OCC: BUSINESS, R/O CHIKKODI, TQ. CHIKODI, DIST. BELGAUM.

42. SHRI. RAJ RAJESHWARI PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP. BY B. M. MUTTANNAVAR, AGE: 29 YEARS, OCC: BUSINESS, R/O S. H. NO. 31, GOKAK-BELGAUM ROAD, GOKAK, DIST. BELGAUM. -8- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

43. SHRI. MANGESH PETROL STORES, AUTHORISED RETAIL OUTLET DEALER, REP. BY ITS PARTNER, SRI. AJIT G. SARAF, AGE: 64 YEARS, OCC: BUSINESS, R/O KHANAPUR ROAD, TILAKWADI, BELGAUM.

44. M/S UTAGI PETROLEUMS AUTHORISED DEALER, INDIAN OIL CORPORATION LTD., REP. BY ITS PROPRIETOR, SMT. NIRMALA R. UTAGI, AGE: 34 YEARS, OCC: BUSINESS, R/O , TQ. GOKAK, DIST. BELGAUM.

45. C. C. WASTRAD, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY SHRI. V. C. WASTRAD, AGE: 32 YEARS, OCC: BUSINESS, R/O NH-4, KITTUR, TQ. BAILHONGAL, DIST. BELGAUM.

46. SHRI. HIRANYAKESHI CO-OP TRANSPORT LTD., , AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY S. M. KUDACHIMATH, AGE: 58 YEARS, OCC: BUSINESS, R/O H.T.C.S., CHIKKODI, DIST. BELGAUM.

47. M/S KIWAD PETROLEUM AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY KALMESH T. KIWAD, AGE: 38 YEARS, OCC: BUSINESS, R/O C/O KIWAD PETROLEUM, N. M. ROAD, CHIKKODI, DIST. BELGAUM.

48. M/S ROCK OIL ASSOCIATION AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY MAHESH M. TUBACHI, AGE: 48 YEARS, OCC: BUSINESS, R/O C/O ROCKOIL ASSOCIATION, -9- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

YAMKANAMARADI, TQ. HUKKERI, DIST.BELGAUM

49. JADHAV AUTOMOBILES, AUTHORISED DEALER OF HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY VINAYAK R. JADHAV, AGE: 40 YEARS, OCC: BUSINESS, R/O NAKA NO.1, GOKAK, DIST. BELGAUM.

50. M/S MEHABOOB SERVICE STATION, AUTHORISED RETAIL OUTLET DEALER, REP. BY ABDULWAHAB AGE: 59 YEARS, OCC: BUSINESS, R/O COLLEGE ROAD, BAILHONGAL, TQ. BAILHONGAL, DIST. BELGAUM.

51. PADMAVATI AUTO MOTIVES, AUTHORISED RETAIL OUTLET DEALER, REP. BY SHRI. A. P. KHATAGALI, AGE: 32 YEARS, OCC: BUSINESS, R/O SANKESHWAR ROAD, HUKKERI, DIST. BELGAUM.

52. DHEKOLKAR TRADERS, AUTHORISED RETAIL OUTLET DEALER, REP. BY Y.G. DHEKOLKAR, AGE: 37 YEARS, OCC: BUSINESS, R/O BELAGUNDI, TQ. & DIST. BELGAUM.

53. MARUTI PETROLEUM SERVICE, AUTHORISED RETAIL OUTLET DEALER, REP. BY HANAMANT GOVIND KARNING, AGE: 44 YEARS, OCC: BUSINESS, R/O BELGAUM ROAD, GOKAK, DIST. BELGAUM.

54. DATTOPANTH AUTOMOBILES, AUTHORISED RETAIL OUTLET DEALER, REP. BY DATTARAM G. KADANANVAR, AGE: 63 YEARS, OCC: BUSINESS, R/O NEW ROAD, GANDHI NAGAR, BELGAUM.

55. SHRI. RENUKA DEVI PETROLEUMS, AUTHORISED DEALER OF HINDUSTAN -10- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

PETROLEUM CORPORATION LTD., REP. BY SMT. MAHADEVI M. KURBAGATTI, AGE: 42 YEARS, OCC: BUSINESS, R/O YARAGATTI, TQ. SAUNDATTI, DIST. BELGAUM.

56. VAIBHAV SAGAR AUTOMOBILES, AUTHORISED RETAIL OUTLET DEALER, REP. BY SHRI. SAGAR PATIL, AGE: 52 YEARS, OCC: BUSINESS, R/O RAKASKOPP ROAD, SULAGA, TQ. DIST.BELGAUM.

57. M/S R. B. KITTURKAR AUTHORISED DEALER BHARAT PETROLEUM CORPORATION LTD., REP. BY BALASAHEB S. DESAI, AGE: 61 YEARS, OCC: BUSINESS, R/O SANKESHWAR, TQ. HUKKERI, DIST. BELGAUM.

58. PAT PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP. BY SHASHI PATIL, AGE: 41 YEARS, OCC: BUSINESS, R/O BEEDI, TQ. KHANAPUR, DIST. BELGAUM.

59. M/S KARALE SONS AUTHORISED RETAIL OUTLET DEALER, REP. BY SANJEEV B. KARALE, AGE: 45 YEARS, OCC: BUSINESS, R/O , TQ. CHIKKODI,

60. M/S ARIHANT PETROLEUMS, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY BABHUBALI B. NAGANURI, AGE: 30 YEARS, OCC: BUSINESS, R/O RAKSHI CROSS, TQ. HUKKERI, DIST. BELGAUM.

61. M/S SPOORTHI PETROLEUMS, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY MAHADEV NADUVINMANI, -11- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

AGE: 40 YEARS, OCC: BUSINESS, R/O NH-4, , TQ. CHIKKODI, DIST. BELGAUM.

62. SHREE. RENUKA HIGHWAY PETROLEUM AUTHORISED DEALER OF HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY SUNIL RAJARAM DHADAKE, AGE: 36 YEARS, OCC: BUSINESS, R/O HIREBAGEWADI, TQ. & DIST. BELGAUM.

63. M/S F. M. KARIKAZI AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY M. P. KARIKAZI, AGE: 50 YEARS, OCC: BUSINESS, R/O HEBBAL, TQ. HUKKERI, DIST. BELGAUM.

64. M/S B.S. PETROLEUM (KSK), AUTHORISED RETAIL OUTLET DEALER, REP. BY BASAVARAJ B. TIGADI, AGE: 48 YEARS, OCC: BUSINESS, R/O , TQ. GOKAK, DIST. BELGAUM.

65. SNEHAJEEVI PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP. BY SMT. PARVATI S. PATIL, AGE: 34 YEARS, OCC: BUSINESS, R/O CROSS, MAMADAPUR, TQ. GOKAK, DIST. BELGAUM.

66. PADMASHREE PETROLEUM, AUTHORISED RETAIL OUTLET DEALER, REP. BY PAVANKUMAR B. KAMATAGI, AGE: 35 YEARS, OCC: BUSINESS, R/O HARUGERI, TQ. RAIBAG, DIST. BELGAUM.

67. SHRI. VENKATESH PETROLEUM, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY S.R. SONAWALKAR, AGE: 63 YEARS, OCC: BUSINESS, -12- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

R/O CROSS, GURLAPUR TQ. GOKAK, DIST. BELGAUM.

68. SIDDHARAJ AUTOMOBILES, AUTHORISED RETAIL OUTLET DEALER, REP. BY MS. SUNITA S. OULKAR, AGE: 46 YEARS, OCC: BUSINESS, R/O CONGRESS ROAD, TILAKWADI, BELGAUM.

69. MANGAL PETROLEUMS AUTHORISED RETAIL OUTLET DEALER, REP. BY MANOJ R. PATIL, AGE: 44 YEARS, OCC: BUSINESS, R/O PLOT NO. 169A/1B, AKKOL ROAD, SAI SHANKAR NAGAR, NIPPANI, TQ. CHIKKODI DIST. BELGAUM.

70. SHRI. BHAVANI PETROLEUM CO. AUTHORISED RETAIL OUTLET DEALER, REP. BY VIJAY SANKPAL, AGE: 52 YEARS, OCC: BUSINESS, R/O RAIBAG, TQ. RAIBAG, DIST. BELGAUM.

71. M/S N. S. PAI AUTOMOBILES, AUTHORISED RETAIL OUTLET DEALER, REP. BY RAJENDRA N. PATIL, AGE: 45 YEARS, OCC: BUSINESS, R/O PAI CHAMBERS, DHARWAD ROAD, BELGAUM.

72. M/S S.R. KALLOLI, AUTHORISED DEALER, INDIAN OIL CORPORATION LTD., REP. BY ITS PARTNER AGE: 42 YEARS, OCC: BUSINESS, R/O HARUGERI CROSS, HARUGERI TQ. RAIBAG, DIST. BELGAUM.

73. SIDDESHWAR PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP. BY ITS PROPRIETOR, SHRI. P. M. MELAGE, AGE: 48 YEARS, OCC: BUSINESS, R/O P.B. ROAD, , -13- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

TQ. & DIST. BELGAUM.

74. KAROSHI PETROLEUMS, AUTHORISED RETAIL OUTLET DEALER, REP. BY YASMIN S. KAROSHI, AGE: 33 YEARS, OCC: BUSINESS, R/O NANDAGAON CROSS, ATHANI, DIST. BELGAUM.

75. SHRI. EKDANT PETROLEUM AUTHORISED RETAIL OUTLET DEALER, REP. BY B. VILAS AGE: 31 YEARS, OCC: BUSINESS, R/O , TQ. ATHANI, DIST. BELGAUM.

76. M/S S.R. PATIL, AUTHORISED DEALER OF INDIAN OIL CORPORATION LTD., REP. BY SURYAKANT P. PATIL, AGE: 54 YEARS, OCC: BUSINESS, R/O SANKESHWAR, TQ. HUKKERI, DIST. BELGAUM.

77. ARAVIND PETROLEUMS, AUTHORISED DEALER OF BHARAT PETROLEUM CORPORATION LTD., REP. BY PRASHANT MANOHAR BHADALE, AGE: 36 YEARS, OCC: BUSINESS, R/O KANBARAGI ROAD, BELGAUM. ... PETITIONERS (BY SRI R M KULKARNI, ADVOCATE)

AND

1. INDIAN OIL CORPORATION LTD., MARKETING DIVISION, KHANAPUR ROAD, TILAKWADI, BELGAUM. REP. BY ITS CHIEF DIVISIONAL RETAIL SALES MANAGER.

2. BHARAT PETROLEUM CORPORATION LTD., MARKETING DIVISION, DESUR DEPOT, KHANAPUR ROAD, DESUR, -14- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

TQ. & DIST. BELGAUM. REP. BY ITS TERRITORIAL MANAGER,

3. HINDUSTAN PETROLEUM CORPORATION LTD., MARKETING DIVISION, SAMBHAJI ROAD, R.C. NAGAR ROAD, TILAKWADI, BELGAUM. REP. BY ITS CHIEF REGIONAL MANAGER.

4. THE UNION OF , REP. BY SECRETARY TO GOVT. OF INDIA, MINISTRY OF PETROLEUM & NATIONAL GAS, NEW DELHI 110 001. ... RESPONDENTS (BY SRI C.V. ANGADI, ADV. FOR R1 TO R3. SRI. S.L. MATTI, ADV. FOR R4.)

THESE WPs ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED:25/08/2010, IN BGM/R/EXMI, ISSUED BY RESPONDENT NO.1, PRODUCED AS PER ANNEXURE-A. QUASH THE COMMUNICATION DATED:26/08/2010, IN BT/DESUR, ISSUED BY THE RESPONDENT NO.2, PRODUCED AS PER ANNEXURE-B. QUASH THE COMMUNICATION DATED:26/08/2010, IN BGM/RO/KB/RET, ISSUED BY THE RESPONDENT NO.3, PRODUCED AS PER ANNEXURE-C.

THESE WPs COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

H.G.RAMESH, J. (Oral):

1. In these writ petitions, the petitioners who are retail outlet dealers of petrol and diesel, are challenging the communications dated 25.08.2010 (Annexure-A),

26.08.2010(Annexure-B), and 26.08.2010 (Annexure-C) issued to them by respondent Nos.1 to 3-who are oil -15- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010 marketing companies namely, Indian Oil Corporation

Limited, Bharat Petroleum Corporation Limited, and

Hindustan Petroleum Corporation Limited.

2. I have heard learned counsel appearing for the parties and perused the record.

3. As could be seen from the impugned communications, the oil marketing companies wanted to implement as a Pilot project, ex-MI supplies with effect from

1 September 2010. It is stated that e x-MI supplies means, the petitioners-dealers themselves will have to arrange for transport of MS/HSD(Petrol and Diesel) from the companies’ depots at Desur in Belgaum to their retail outlets.

Presently, it is stated that the companies only are delivering

MS/HSD to the retail outlets of the petitioners.

4. Learned counsel for the petitioners submitted that the petitioners were not afforded an opportunity of hearing before deciding to implement the aforesaid change in the delivery/transport of petrol and diesel except holding a dealers’ meeting on 16.08.2010 in a hotel at Belgaum. -16- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

He submitted that the companies can consider any change after affording an opportunity of hearing to the petitioners so that they can place the practical difficulties before the companies for their consideration and remedial action in that behalf.

5. Learned counsel for the petitioners also brought to the notice of this Court, an agreement dated 30.08.2007 executed between Indian Oil Corporation and petitioner

No.15 namely, Mohana Petroleum and auto LPG and referred to Clause 9(a) thereof; the said clause reads as follows:

“ 9(a) The Corporation will supply that products(MS/HSD) at the premises of the Dealer. The Dealer shall arrange to take prompt delivery of the products and shall be responsible for and shall pay all detention and/or other charges of whatsoever nature for any loss or damage arising directly or indirectly through his failure, neglect or delay to take such delivery promptly.” (underlining supplied)

He submitted that Indian Oil Corporation, as per the above agreement has agreed to supply MS/HSD at the premises of the dealer. The agreement is stated to be in force for a period of 15 years i.e., till August 2022. -17- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010

6. Learned counsel for the petitioners also submitted that the representation dated

18.08.2010(Annexure-G) filed by the Belgaum District

Petrol Pump dealers Association has not been considered by respondent Nos.1 to 3-companies. He submitted that modern technology could be used by the companies to prevent adulteration and pilferage of MS/HSD during transportation from the companys’ depots to retail petrol pumps.

7. Learned counsel for the petitioners submitted that the pilot project of ex-MI supplies, though was scheduled to commence from 01.09.2010, has not been implemented till date, because of the interim order passed by this Court in these writ petitions.

8. Learned counsel for respondent Nos.1 to 3-oil companies submitted that the reason for shifting to ex-MI supplies from the existing delivery system is to avoid adulteration and pilferage by the transporters en-route.

Under the ex-MI supplies, the dealers themselves will be responsible for transporting petrol and diesel to their retail -18- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010 outlets from the company’s depot, and, hence, they can ensure that no adulteration and pilferage take place during transportation.

9. I have examined the rival contentions of the parties. The pilot project of ex-MI supplies was scheduled to commence on 01.09.2010 i.e. about five years ago. Due to the interim order passed by this Court in these petitions, the project could not be implemented in the year 2010.

Having regard to the fact that more than five years have elapsed from the date the project was scheduled to commence, it is appropriate that respondent Nos.1 to 3- companies shall afford an opportunity of hearing to the petitioners, and, after hearing their grievance, shall consider implementing the pilot project of ex-MI delivery system.

Accordingly, I make the following order:

Respondent Nos.1 to 3-companies shall give notice to the petitioners of the change from the existing delivery system to ex-MI supplies and after affording an opportunity of hearing to them, the companies shall consider supply of

MS/HSD to the petitioners on ex-MI basis. The petitioners -19- W.P.No.66312 of 2010 & W.P.Nos.66336-66411 OF 2010 are also at liberty to give a representation to the Ministry of

Petroleum and Natural Gas, Government of India, relating to their grievance, if implementation of ex-MI supplies is dependent on the approval of the said Ministry.

The writ petitions stand disposed of in the above terms.

Sd/- JUDGE kmv