The Petroleum Dealers Association v. Union of India and Ors

O R D E R %

14.11.2017

¶1Mr J.P. Sengh, learned Senior Counsel appearing for the petitioner states that the petitioner would be satisfied if respondent no.1 is directed to consider the petition as a representation on behalf of the petitioner and be directed to pass a speaking order. He states that a similar petition was disposed of by a Coordinate Bench of this Court by passing such directions. He has drawn the attention of this court to the order dated 04.02.2016 passed in W.P.(C) 599/2013 captioned Delhi Kerosene Storage Association v. Union of India and Ors.

¶2The learned counsel appearing for respondents referred to the decision of the High Court of Madras in M/s Joseph Trading Corporation v. The Union of India and Ors: Writ Appeal No. 898/2016 and other connected matters, decided on 04.08.2017. On the strength of the said decision, she contends that a writ petition challenging a policy decision would not be maintainable. The aforesaid principle is well settled and unless a policy is arbitrary, unreasonable and falls foul of the Constitution of India or other laws, the courts would refrain from interfering with the same.

¶3Having stated the above, the petitioner would have a right to approach the Government in regard to policy matters. Accordingly, the present petition is disposed of by directing respondent no.1 to consider this petition as a representation on behalf of the petitioner and pass an appropriate order thereon. Needless to state that all rights and contentions of the parties are reserved. In the event the petitioner is aggrieved by the decision of respondent, the petitioner would be at liberty to institute appropriate proceedings in accordance with law.

¶4The concerned authorities are requested to dispose of the representation within a period of four months from today.

¶5The petition is disposed of. VIBHU BAKHRU, J NOVEMBER 14, 2017 RK

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1519/2013 THE PETROLEUM DEALERS ASSOCIATION ..... Petitioner Through: Mr J.P. Sengh, Senior Advocate with Mr Shashi Shanker and Ms Pooja Mohanani, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr Ripu Daman Bhardwaj, CGSC with Mr T.P. Singh, Advocate for R- 1. Ms Mala Narayan and Ms Neha Dawar, Advocates for R-2/IOCL. Mr Vaibhav Asthana and Mr Amreesh Garg, Advocates for R-3 & 4. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU