IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7524 OF 2009 M/S C.L.S.LIMITED & SHIV PRASAD DUBEY VERSUS (1)THE UNION OF INDIA (2) SECRETARY TO THE GOVERNMENT, MINISTRY OF PETROLEUM AND NATURAL GASES, N.DELHI (3) UNDER SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GASES (4) HINDUSTAN PETROLEUM CORPORATION LTD, PATNA AND THE CO COORDINATOR FOR HINDUSTAN PETROLEUM, PATNA ----------- 2 14.07.2009. Heard learned counsel for the parties. 2 The petitioners pray for quashing the letter dated 25.5.2009 whereby respondent no.5 communicated to the petitioner that his application for Liquid Petroleum Gas ( in short the LPG) Distributorship of respondent Company at Pandaul, district Madhubani under the open category for which advertisement was issued on 10.10.2007 has been rejected on the ground that affidavit is not as per the format of annexure A-2 and for declaring that policy guidelines incorporated in the amendment dated 15.9.2008 allowed the Oil companies to alter and revise its clauses. The petitioner no.1 is a registered Company and petitioner no.2 is a Director of the said company. 3 An advertisement was issued by the Oil company on 10.12.2007 for appointment of LPG distributor at Pandaul. It was further stipulated that the disqualification arising out of multiple - 2 - dealership clause would not be applicable to a registered company. The petitioner’s company is a registered company and thus is saved from disqualification from participating, though it may be having a dealership from before. 4 However, on 15.9.2008 vide annexure 2 the Ministry brought certain amendments providing guidelines on selection of dealers/distributors of petroleum products. As per the amended guidelines, a company registered under the Companies Act, 1956 which was not earlier barred to apply for award of dealership/distributorship on account of multiple dealership norm applicable to individual now stands barred. In other words, the norms of multiple dealership would apply to a registered company as it applied to individuals. In view of the amendment, the company issued letter to petitioner no.1 to furnish an affidavit in form A2 to declare whether it has no previous dealership or distributorship of an Oil company. As the petitioner did not furnish the aforesaid affidavit in form A2 his application was rejected. Respondent company contended that in case where the advertisement has been issued but interviews have not been held in multiple dealership norm would be applicable. Learned counsel for the company submits that in the instant case, interview has not been - 3 - held and clause 19(Ka) of advertisement also provided for amendment. He thus submits that the application of the petitioner has been rejected as it has not filed affidavit in terms of amendment stating that it would not come under the preview of multiple dealership. 5 The advertisement issued on 17.10.2007 did not debar registered company under multiple dealership norms. In other words even if a registered company has earlier been allowed a dealership, still it could apply for further dealership. However, this court in CWJC No. 6310/08 held that such multi distributorship norm which prohibits an individual from aspiring for dealership if he or any of his family members have got it, would equally apply to co-operative societies, central companies and other companies incorporated under the Companies Act. The aforesaid order remained substantially unaltered in the LPA also. The LPA court however observed that in case the interview has been held, the dealership clause would not apply. It is submitted that the aforesaid order in LPA has been challenged in the Apex court. 6 The petitioner has virtually in effect has challenged the amendment debarring advantage to companies or Registered - 4 - company which has been upheld by the Court. In terms of amendment dated 15.9.2008, the respondent company was within its right to ask a registered company to file an affidavit as required under form A2. As such, this court does not find any merit in this application. The writ petition is dismissed accordingly. Shashi. (Samarendra Pratap Singh,J).