Bombay High Court
All India Biodiesel Association vs The State Of Maharashtra And 5 Ors on 1 February, 2022
Author: Madhav J. Jamdar
Bench: G.S. Patel, Madhav J. Jamdar
919-OSWPL-1706-2022.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1706 OF 2022
All India Biodiesel Association ...Petitioner
Versus
The State of Maharashtra & Ors ...Respondents
Ms Simran Shaikh, with Prasad Wagh, for the Petitioner.
Mrs Jyoti Chavan, AGP, for the Respondent-State.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 1st February 2022
PC:-
1. Ms Chavan for the State Government points out that by a Government Resolution dated 11th May 2021, the grievances of the Petitioners in Writ Petition (L) No. 7456 of 2020 for framing a bio- diesel policy for Maharashtra were addressed.
ARUN RAMCHNDRA 2. The present Petition has been filed in January 2022 and seeks SANKPAL the following four reliefs.
Digitally signed by ARUN RAMCHNDRA SANKPAL"1. That this Hon'ble court be pleased to issue the Date: 2022.02.02 direction to the Respondents to start Bio-diesel B-100 retail 10:37:28 +0530 outlet pumps with immediate effect or to grant Interim Relief for the said purpose.Page 1 of 3
1st February 2022 919-OSWPL-1706-2022.DOC
2. That this Hon'ble court be pleased to issue the direction to the Respondents to include All India Bio-Diesel Association Members in the State Bio-Diesel Board, as per the Notification of the Central Government, that every state in the Union of India should form Bio-diesel board.
3. That this Hon'ble court be pleased to issue the direction to the Respondents to exclude the PESO (Petroleum Explosive Safety Organization) Department from Bio-Diesel Policy because they have filed Affidavit before the Hon'ble Bombay High Court that Bio-diesel is not include in their authority to issue the NOC as Bio-diesel is not a petroleum product. Herein annexed and marked Exhibit "I" is the copy of Affidavit Controller of Explosives, PESO.
4. That this Hon'ble court be pleased to issue the direction to the Respondents to impose the high level inquiry why the delay caused by the Respondent No. 3."
3. It is once apparent to us that everyone of these reliefs from items 1 to 3 falls is a matter of policy, squarely and only within the remit of the State Government. Whether or not to start bio-diesel retail dispensing outlets (pumps), and, if so, from when and on what terms is solely the preserve of the State Government. Whom to include and not include on any Bio-Diesel board, and what qualifications such board members must have, is also a matter of government policy. The reliefs in prayer clause (4) to conduct a high level inquiry for some alleged delay is also equally unacceptable.
4. Ex facie, no mandamus can be issued for any of these reliefs.
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5. Further, it is not shown how the Petitioners have a fundamental right or a constitutional right that has been infringed, or what legally enforceable right accrues to the Petitioners in regard to a bio-diesel policy.
6. We find no warrant for interference in exercise of our writ jurisdiction under Article 226 of the Constitution of India.
7. We reject the Petition.
8. However, we leave it open to the Petitioner to make an appropriate representation to the State Government, if so advised.
9. The Petition is disposed of in these terms. No costs.
10. All concerned will act on production of a digitally signed copy of this order.
(Madhav J. Jamdar, J) (G. S. Patel, J)
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1st February 2022