Rakesh Kumar Jain, J. - (1.) The petitioners, 26 in number, are the distributors of Liquefied Petroleum Gas (for short "LPG") at Jalandhar, of three companies, namely, Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL). Out of 26 distributors, 17 are of IOCL, five are of HPCL and four are of BPCL.
(2.) The petitioners have challenged the Advertisement dated 26.10.2013, issued by all the aforesaid three companies for appointment of LPG distributors, under various categories, at location specified in the State of Punjab. In the said Advertisement, the distributors to be appointed at Serial Nos. 12 to 18 are of the IOCL, distributor at Sr. No. 115 is of HPCL whereas the distributor at Sr.No.149 is of BPCL. The petitioners have also prayed for the issuance of a writ in the nature of prohibition, in order to restrain the respondents, from appointing further LPG distributors in Jalandhar City till feasibility is arrived at, keeping in view norms/ceiling limit and also keeping in view the PNG contract at Jalandhar, having been allotted by Petroleum and Natural Gas Regulatory Board respondent No. 5 to M/s. Jay Madhok Energy Private Limited.
(3.) Case set up by the petitioners is that as per the Census of 2011, urban population of Jalandhar is approximately 9 lakhs. According to the petitioners, figures available with all the three oil Companies, for the financial year 2012 -2013 i.e from 1.4.2012 to 31.3.2013, suggests that the average refills sold per month comes to 2,07,000, which after division with the existing LPG distributors comes to 7960 per month. It is alleged that till financial year 2011 -2012, the ceiling limit for an LPG distributorship in respect of towns upto population of 10 lakh was 8000, which has now been increased in 2013 from 8000 to 8800. It is further alleged that respondent No. 5 has issued a contract authorizing one M/s. Jay Madhok Energy Private Limited for laying, building, operating or expanding local natural gas distribution network in order to supply PNG to the household in various areas of Jalandhar city. Said company would have 46800 domestic consumers in its first year of operation. The said contract was to commence within a period of 180 days from the date of authorization i.e 6 September 2013 and thus, by the end of year 2014, the said Company would cater to 46800 domestic customers and as per schedule given in Annexure -A, another 46800 domestic consumers would be added every year uptill next 4 years, which would be 1,75,000 by the end of 2018. It is further alleged that as per the guidelines issued by respondent No. 1, each Company has to work out feasibility study report before issuing public notice for appointment of LPG distributors and the said study has to be carried out in the prescribed format.;