IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9782 of 2005 1. M/S Basudeo Prasad Gupta, a proprietorship firm having its place of business at West Champaran, Bettiah, P.O. & P.S. Bettiah, District- West Champaran through its proprietor Om Prakash Gupta. 2. M/s Ramji Prasad Sah, a partnership firm, having its place of business at West Champaran, Bettiah, P.O. & P.S. Bettiah, District- West Champaran through its partner Krishna Kumar Prasad. 3. M/s Satyanarayan Prasad Agarwal, a proprietorship firm having its place of business at Harinagar, P.O. & P.S. Harinagar, District-West Champaran through its proprietor Satyanarayan Prasad Agarwal. …… Petitioners. Versus 1. Union of India, Ministry of Petroleum and Natural Gas, New Delhi through its Secretary. 2. State of Bihar through the Secretary, Food Supplies and Commerce Department, Patna, Bihar. 3. District Magistrate, Bettiah, West Champaran. 4. District Supply Officer, Bettiah, West Champaran. 5. Indian Oil Corporation, Marketing Division, Maurya Lok Complex, Patna through its Divisional Manager. 6. Hindustan Petroleum Corporation Ltd., Marketing Division, Lok Nayak Jaiprakash Bhawan, Patna through its Regional Manager. 7. I.B.P. Company Ltd., (Marketing Division), 3rd Floor, Abhay Bhawan, Fraser Road, Patna through its Divisional Manager. 8. Refinery Coordinator, Barauni Refinery, District-Barauni (Bihar). ….. Respondents. ----------- For the petitioners : Mr. Y.V. Giri, Senior Advocate with Mr. Raju Giri, Advocate. For the State : Mr. Syed Arshad Alam, S.C. III with Mr. Fakhruddin Ali Ahmad A.C. to S.C. III. For respondent no.5 (I.O.C): M/s. Anil Kumar Sinha & Amlesh Kumar Verma, Advocates. --------- 05/ 25.08.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order dated 11.04.2005 passed by the District Magistrate, West Champaran, Bettiah as contained in memo no.168 dated 11.04.2005 by which the transportation rate of kerosene oil from Barauni Refinery to Bettiah, regarding wholesale dealers who are not having storage licence in form XIII now XV - 2 - has been fixed as Rs.8029.20 for 12 Kl. of Kerosene Oil. (As contained in Annexure-5). (ii) To issue an appropriate writ/order/direction in the nature of mandamus commanding respondent no.3 District Magistrate, West Champaran, Bettiah to enhance the rate of transportation of Kerosene Oil of the petitioners who are wholesale dealers not having storage licence in Form XIII now XV, from Barauni Refinery to their depot at Bettiah, to Rs.1.52 per 1 kiloliter/ 1 kilometer i.e. for a distance of 500 kilometer from Barauni to Bettiah to transport 12 Kilolitre of kerosene oil from 8029.20 to 9120.00, so as to bring the transportation rate on parity with the transportation rates of the oil companies which they charge to supply oil to the wholesale dealers having storage licence in Form XIII now XV. (iii) To any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case. 3. After hearing learned counsel for the petitioner and learned counsel for the respondents and after considering their pleadings and documents it is quite apparent that as far back as on 26.09.2002 (Annexure-2) the State of Bihar Food Supplies and Commerce Department issued a circular to all the Divisional Commissioners of the State in which it was directed that to maintain uniformity in the oil prices, the authority will have to maintain parity in the transport rate vis-à-vis dealers having bulk storage licence and dealers having no such licence. This circular is relied upon by learned counsel for the petitioner and is not denied by learned counsel for the respondents as even according to him no fresh circular has been issued in that regard. 4. In the said circumstances, this writ petition is disposed of with a direction to the respondents-authorities to follow the said circular in the aforesaid matter in issue until the policy is changed. Sunil (S. N. Hussain, J.)