Supreme Court - Daily Orders
Kotyark Industries Pvt Ltd vs The State Of Rajasthan on 5 April, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
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ITEM NO.50 COURT NO.11 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).31055/2018
(Arising out of impugned final judgment and order dated 28-09-2018
in DBSAW No. 803/2018 passed by the High Court of Judicature for
Rajasthan at Jaipur)
KOTYARK INDUSTRIES PVT LTD Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN & ORS. Respondent(s)
(WITH I.R. and IA No.169068/2018-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.169067/2018-EXEMPTION FROM FILING O.T.
and IA No.169069/2018-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS)
WITH
SLP(C) No. 31054/2018 (XV)
(WITH I.R. and IA No.169065/2018-EXEMPTION FROM FILING O.T. and IA
No.169066/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS)
Date : 05-04-2019 These petitions were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s) Mr. Gaurav Agarwal, Adv.
Mr. Rajesh Inamdar, Adv.
Mr. Javedur Rahman, Adv.
Mr. Aditya Bhat, Adv.
Ms. Abhilasha Das, Adv.
Mr. Amarjeet Singh, AOR
For Respondent(s) Ms. Aishwarya Bhati, Sr. Adv.
Mr. Vikas Bansal, Adv.
Mr. Raj Bahadur, Adv.
Mrs. Anil Katiyar, AOR
Ms. Kiran Bala Sahay, Adv.
Signature Not Verified
Ms. Priyanka, Adv.
Ms. Priya Darshini Priya, Adv.
Digitally signed by
SANJAY KUMAR
Date: 2019.04.06
13:35:09 IST
Reason: Ms. Ruchi Kohli, AOR
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UPON hearing the counsel the Court made the following
O R D E R
The Union of India, in the Ministry of Petroleum, has filed a counter affidavit indicating that, on 29 June 2017, Clause 6A of the Motor Spirit and High Speed Diesel Order (Regulation of Supply, Distribution and Prevention of Malpractices) Order 2005 was amended to read as follows:
“The Central Government may permit the sale of Biodiesel (B-100) for blending with High Speed Diesel to all consumers, in accordance with the specific blending limits and the standards specified by Bureau of Indian Standards...” Mr. Gaurav Agarwal, learned counsel appearing on behalf of the petitioner(s), submits that the counter affidavit does not indicate the mechanics of the procedure to be followed by the Central Government for dealing with applications that may be filed by the prospective consumers in terms of the above notification.
That apart, it has been submitted that it is necessary that the Central Government should enunciate the parameters which it will follow for dealing with applications for the grant of permission in terms of the notification dated 29 June 2017.3
Ms. Aishwarya Bhati, learned senior counsel appearing on behalf of the Union of India, submits that the notification requires that the process of blending bio- diesel with high speed diesel has to be in accordance with blending limits and the standards specified by the Bureau of Indian Standards.
The above submission of Ms. Bhati is evidently based on the terms of the notification dated 29 June 2017. However, it would be appropriate if this Court is apprised of the precise modalities which will be adopted by the Central Government to deal with applications for the grant of permission. This should include the authority which will receive and take a decision on the application and such other requirements which must be fulfilled in order to enable the application to be processed. If this exercise has not been carried out by the Central Government, we direct that it be carried out within a period of two months from today so that the Court can be apprised of the procedure to be followed by regulatory regime adopted by the Central Government. An affidavit shall be filed before the next date of hearing.
List the Special Leave Petitions on 8 July 2019.
(SANJAY KUMAR-I) (SUNIL KUMAR RAJVANSHI)
AR-CUM-PS COURT MASTER