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HIGH COURT OF DELHI
Date of Decision: 15.01.2025
& CM APPL. 979/1997 DEVENDER KUMAR GAUTAM .....Petitioner
Through: Ms. Shashi Kiran, Sr. Adv.
Through: Ms. Meera Bhatia, Adv.
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
JUDGMENT
1. The grievance of the Petitioner as articulated in the prayers of the present Petition is that the Petitioner was not allotted a petrol pump by the Respondent No.1. The challenge by the Petitioner was also to a selection board as established by the Respondent No.1 in 1990s.
2. Learned Counsel for the Respondents submits that so far as concerns the prayers in the present Petition, the same have become infructuous. The allotment of petrol pump is now under the purview of Oil Marketing Companies and not under the Respondent No.1/Ministry of Petroleum and Natural Gas. It is further submitted that after the Administered Prising Mechanism (APM) was dismantled on 01.04.2002 by the Respondent No.1, the allotment of marketing and distribution of petrol pumps including that of allotment of retail outlet dealerships has been left to the Oil Marketing Companies and the Respondent No.1/Ministry of Petroleum and Natural Gas has no discretion whatsoever on the allotment of retail outlets like petrol pumps.
3. Learned Counsel for the Respondents further submits that with effect from 09.05.2002, the Dealer Selection Boards (DSBs), which previously existed for selection, were dissolved.
4. Learned Counsel for the Respondents submits thus, that given the pendency of this matter, the present Petition has become infructuous. In this regard, an affidavit dated 11.11.2024 has also been filed by the Respondent No.1. The relevant extract of the affidavit is below:
earlier."
7. That it is submitted that Oil Marketing Companies i.e. Indian Oil Corporation Ltd (IOCL) Bharat Petroleum Corporation Ltd (BPCL) and Hindustan Petroleum Corporation Ltd. (HPCL) enjoy commercial freedom in the matter of marketing and distribution of petroleum products through their respective networks of retail outlet dealerships and the Ministry of Petroleum and Natural Gas has no role to play in day-to-day functioning relating to commercial activities of the Oil Marketing Companies including allotment of retail outlet dealerships. Further. it is submitted that Oil Marketing Companies, for the selection of retail outlet dealership are guided by the applicable Dealer Selection Guidelines framed by them.”
5. Given the affidavit filed by Respondent No.1, the reliefs as sought for by the Petitioner, cannot be granted in the present Petition.
6. Learned Senior Counsel for the Petitioner, on instructions, seeks and is granted permission to withdraw the present Petition with liberty to take appropriate steps for redressal of her grievance.
7. The present Petition is accordingly disposed of in the aforegoing terms. All pending Applications stand closed. The liberty as sought for is so granted albeit in accordance with law.