Banda Petroleum Dear Association, Banda v. State of U.P. and 2 Others

Court No. - 39 Case :- WRIT - C No. - 35729 of 2023 Petitioner :- Banda Petroleum Dear Association, Banda Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ami Tandon,Sr. Advocate Counsel for Respondent :- CSC Hon'ble Saumitra Dayal Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Shri Anoop Trivedi, learned Senior Advocate, assisted by Shri Amit Tandon, learned counsel for the petitioner and Shri Mukul Tripathi, learned Standing Counsel for the State.

¶2Challenge has been raised to the impugned communication dated 27.09.2023 issued by the District Supply Officer, Banda, whereby general directions have been issued to retail outlets of petrol/diesel vendors. For ready reference, the offending portion of the aforesaid communication is quoted below : "अपर जजिललाजधिकलाररी महहोदय दलारला उकलाननुसलार ददयये गयये दनदरश कये ्ቅ म मम आपकहो आदयेदशत दकयला जिलातला हहै दक दकसरी भरी दशला मम दबिनला हहैलमयेट, दबिनला सरीट बियेल्ट कये वलाहनोሪ कहो पयेटटहोल, डरीजिल न ददयये जिलायये एववं इस सम्बिन्धि मम अपनये-अपनये पयेटटहोल पम्पोሪ पर बिहैनर आदद पर ससूचनला ्ቚददशरत ककी जिलायये। यदद उक कये अननुपलालन मम आपकये स्तर पर दकसरी ्ቚकलार ककी दशजथिलतला पलाई जिलाययेगरी तहो इसकला पसूरर दलादयत्व आपकला हहोगला एववं तद्ननुसलार आपकये दवरू्ቍ यथिहोदचत कलायरवलाहरी करनये कये जलए बिलाध्य हहोनला पडयेगला। "

¶3Submission being advanced by learned Senior Counsel for the petitioner are two fold. First, it has been submitted, the District Supply Officer has no jurisdiction whatsoever to issue any direction with respect to the manner in which sales are to be affected by retail outlets of petrol/diesel vendors. Second, it has been submitted, insofar as measures have been attempted to be enforced to ensure wearing of helmets by two wheeler riders and seat belts by four wheeler drivers, the same are stated to be covered under the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). Inasmuch as the District Supply Officer is not the competent authority under the Act and further inasmuch as entire procedure to take action is provided under that Act, the impugned communication is wholly contrary to law.

¶4On the other hand, learned Standing Counsel submits, the impugned communication has been issued to encourage road safety measures. To that end, the retail outlets of petrol/diesel vendors are required to publish certain information to create public awareness and also to help enforce the law pertaining to road safety.

¶5Having heard learned counsel for parties and having perused the record, at present, we do not find cause of action to have crystallised to the petitioner. Insofar as road safety measures are being enforced, strictly speaking, petitioner is not an aggrieved person. As to the further grievance that the petitioner cannot be forced to ensure the compliance of road safety measures, while no objection is being raised to the publication of certain information, in absence of any consequential action shown to have been taken against the petitioner in furtherance of the impugned communication dated 27.09.2023, we find that the present petition is premature.

¶6Without entering into the merits, we are not inclined to offer any interference on the submission being advanced by the learned Senior Counsel, at this stage.

¶7If cause of action does arise, those issues may be raised at the appropriate stage.

¶8With the aforesaid observations/directions, the writ petition stands disposed of. Order Date :- 30.10.2023 SA (S. Q. H. Rizvi, J.) (S.D. Singh, J.) High Court of Judicature at Allahabad