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Calcutta High Court (Appellete Side)

Sam Associates & Co. & Ors vs The Hindustan Petroleum Corporation ... on 5 January, 2024

05.01.2024
 Ct. 654
  D/L 4
   ab

                               WPA 26287 of 2023

                        Sam Associates & Co. & Ors.
                                    -Vs-
               The Hindustan Petroleum Corporation Limited &
                                    Ors.

             Mr. Kumar Jyoti Tewari,
             Mr. Prantick Ghosh,
             Mr. Amrit Sinha
             Mr. Prasad Bhattacharyya
                                                    ... for the petitioners

             Mr. Biswanath Chatterjee,
             Mr. Sobhan Pathak
                                  ... for the respondent nos. 1 to 6

Mr. Puspendu Chakraborty Ms. Prisanka Ganguly ... for the respondent no. 7 This matter is appearing under the heading "To Be Mentioned".

Mr. Biswanath Chatterjee, learned advocate for the respondent nos. 1 to 6 submits that the fact of the writ petition precisely relates to tender process, which is residuary matter falling under Group-IX of the Classification List. To buttress his contention, he relies on the decision of this Court passed in RVW 253 of 2022 in WPA 24254 of 2022 (Hindustan Petroleum Corporation Limited & Ors. versus Ghosh Oil Movers & Anr.). He seeks that the matter be placed before the appropriate Bench having determination. 2 In reply to the contentions raised on behalf of the respondent nos. 1 to 6, Mr. Kumar Jyoti Tewari, learned advocate for the petitioners referring to Section 2A of the Essential Commodities Act read with Schedule, submits that petroleum and petroleum products comes under the "essential commodity" and the matter relating to regulation of industries and essential commodities comes under Group-VIII of the Classification List as per Rules of this Hon'ble Court relating to application under Article 226 of the Constitution of India. Therefore, the tender process relating to transportation of packed LPG cylinders by road is covered under Group-VIII of the Classification List. In support of his contentions, he relies on the decision of this Court passed in WPA 16495 of 2023 (Indane LPG Distributors Association, West Bengal versus Indian Oil Corporation Ltd. & Ors.). Accordingly, this Court seisin with determination under Group VIII of Classification List has jurisdiction to deal with tender process for regulating LPG cylinders.

Section 2A of the Essential Commodities Act, 1955 provides for the purposes of this Act, "essential commodity" means a commodity specified in the Schedule.

The Schedule of the Essential Commodities Act, 1955 is reproduced hereunder for better appreciation:

"The Schedule -Essential Commodities (1) Drugs.

Explanation.- For the purposes of this Schedule, "drugs" has the meaning assigned to it in clause (b) of Section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940).

(2) fertilizer, whether inorganic, organic or mixed; (3) fooodstuffs, including edible oilseeds and oils; (4) hand yarn made wholly from cotton; (5) petroleum and petroleum products (6) raw jute and jute textiles;

(7) (i) seeds of food-crops and seeds of fruits and vegetables;

(ii) seeds of cattle fodder; and

(iii) jute seeds;

(iv) cotton seed;"

Therefore, it goes without saying that the petroleum and petroleum products comes under essential commodities.

The Rules of this Court relating to application under Article 226 of the Constitution of India provide Group-VIII as hereunder:

"Group VIII. - Matters relating to Regulation of Industries and Essential Commodities and various Central Orders may be divided under the following sub- heads:

(a) Grant/Cancellation/Suspension of Licence,

(b) Grant Renewal of Ration shop,

(c) M.R. Dealership,

(d) Confiscation proceeding,

(e) Restraint on movement/trade,

(f) Taking over Management,

(g) Extension of Management/administration,

(h) Shift of Rice/Husking Mills,

(i) Rationalisation/Modification of Rice Milling Unit,

(j) Miscellaneous."

From the aforesaid Rules, it is apparent that the matter relating to regulation of industries and essential commodities falls under Group-VIII of the Classification List. On similar set of facts, this Court in WPA 16495 of 2023 (Indane LPG Distributors Association, West Bengal versus Indian Oil Corporation Ltd. & Ors.) has disposed of the writ petition while having determination under Group-VIII. The decision of this Court passed in RVW 253 of 2022 in WPA 24254 of 2022 (Hindustan Petroleum Corporation Limited & Ors. versus Ghosh Oil Movers & Anr.), cited on behalf of the respondent nos. 1 to 6 though dealt with tender process relating to petroleum and petroleum products, however, it does not have the occasion to deal with aspect as to the determination of a residuary Bench vis-a-vis of the Bench having determination under Group-VIII of the Classification List.

Bearing in mind, the definition of "essential commodity" under Section 2A of Essential Commodities Act read with Schedule as well as Rules relating to application under Article 226 of the Constitution of India of this Court specifying the matters relating to regulation of industries and essential commodities under Group-VIII, I have no hesitation to hold that this Court has determination to deal with issues involved in the present writ petition.

Mr. Chatterjee, learned advocate for the respondent nos. 1 to 6 seeks accommodation to file affidavit-in-opposition to the writ petition.

Let such affidavit-in-opposition be filed within two weeks from date. Reply thereto, if any, be filed within a week thereafter.

Let the matter appear after three weeks under the heading "Hearing (Group-VIII)".

( Bivas Pattanayak, J.)