M/S KESHRI GAS SERVICE, THROUGH ITS PARTNER ASHWINI KUMAR KESHRI v. UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS
WPC/3301/2025 · 2025-07-30
Rajesh Kumar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 18989 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18989 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:21017 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3301 of 2025
1. M/S KESHRI GAS SERVICE, at Shop No. 5, Below HIG Flat, Behind IDBI Bank, Adityapur, P.O. & P.S.- Adityapur, District- Saraikela-Kharsawan, through its Partner Ashwini Kumar Keshri, aged about 56 years, Son of Raj Kapoor Verma, Resident of Raj Bhawan, Plot No. 112/113, Aditya Garden, Adityapur 1, P.O. & P.S.- Adityapur, District- Saraikela- Kharsawan (Jharkhand)
2. M/S BHOLENATH INDANE, at Sangita Market, Near Co-operative Bank, P.O. & P.S.- Musabani, District- East Singhbhum (Jharkhand), through its Proprietor Sangita Mandal, aged about 52 years, Wife of Kamal Kant Mandal, Resident of village- Menka Bhawan, Mohulbera, P.O. & P.S.-Musabani, District- East Singhbhum (Jharkhand). 3. M/S PADMA INDANE GRAMIN VITRAK, at Khata No. 140, Khasra No. 482, Mauza Kharsawan, P.O. & P.S.- Kharsawan, District Saraikela Kharsawan, through its Proprietor Padmawati Devi, aged about 40 years, Wife of Akula Sahu, Resident of Panchayat- Jojodih, P.O.- Telisai, Padampur, P.S.- Kharsawan, District- Saraikela Kharsawan
(Jharkhand). 4. M/S AARADHYA INDANE, at Murmu Complex, Jadugoda, P.O. & P.S.-Jadugoda, District- East Singhbhum, through its Partner Awinash, aged about 46 years, Son of Dinesh Chandra Singh, Resident of House No. M-22, 7th Extension Road, Dalma View Colony, Jamshedpur Sonari, P.O. & P.S.- Sonari, District- East Singhbhum (Jharkhand), Pin Code-831011. 5. M/S CHANDNI INDANE, at Main Road, Purana Bazar, P.O. & P.S.-Chakulia, District- East
Singhbhum, through its Proprietor Chandni Ranjan, aged about 50 years, Wife of Rajeev Ranjan, Resident of 9A, Purana Bazar, P.O. & P.S. Chakulia, District- East Singhbhum (Jharkhand), Pin Code-
832301. 6. M/S AGRAWAL INDANE SERVICE, at No. 4, Hotel Line, Kadma Market, Jamshedpur, P.O. & P.S.- Kadma, District- East Singhbhum, through its Partner Anurag Agrawal, aged about 47 years, Son of Kedar Nath Agarwal, Resident of Flat No. A/1, 2nd Floor, Ashirbad Apartment B Road Air Base Colony, Near Brahmalok Dham, Jamshedpur, P.O. & P.S.- Kadma, District- East Singhbhum (Jharkhand), Pin Code-831005. 7. M/S KABRA GAS SERVICE, at Marwari Para Road, - 1 - W.P.C No.3301 of 2025
2025:JHHC:21017 Jugsalai, Jameshedpur, P.O. & P.S.- Jugsalai, District- East-Singhbhum, through its Partner Rohit Kabra, aged about 40 years, Son of Shrawan Kabra, Resident of House No. 75, Kabra House, Ward No. 5, D Costa Road, Jugsalai, P.O. & P.S.- Jugsalai, District- East Singhbhum (Jharkhand), Pin Code-
831006. …… Petitioners Versus
1. Union of India, through Secretary, Ministry of Petroleum and Natural Gas, A-Wing, Shastri Bhawan, Dr.
Rajendra Prasad Road, P.O. & P.S.- Shastri Bhawan, New Delhi-110001. 2. Director (Marketing), Indian Oil Corporation Limited, at Indian Oil Bhawan, G-9, Ali Yavar Marg, Bandra (East) PO-Bandra East, P.S.-Bandra Kurla Complex, Mumbai-400051. 3. Marketing Division, Eastern Region, Indian Oil Corporation Limited, through its Competent Official, at Indian Oil Bhawan, G-9, Ali Yavar Marg, Bandra (East), P.O. - Bandra East, P.S. - Bandra Kurla Complex, Mumbai- 400051. 4. Divisional Head, LPG, Ranchi, Indian Oil
Corporation Limited, Indane Divisional Office, 2nd Floor, Pulsar Plaza, Line Tank Road (Jail Road), P.O. & P.S.- Lalpur, District- Ranchi. 5. Assistant Manager, LPG Sales, Jamshedpur LPG SA, Ranchi, IDO, Indian Oil Corporation Limited, Indane Divisional Office, 2nd Floor, Pulsar Plaza, Line Tank Road (Jail Road), P.O. & P.S.- Lalpur, District- Ranchi. …... Respondents ---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners : Mr. R. N. Sahay, Sr. Advocate Mr. Yashvardhan, Advocate Mr. Kirtivardhan, Advocate For the U.O.I : Mr. Anil Kumar, A.S.G.I Mrs. Nitu Sinha, C.G.C For the Respondents : Mr. Rahul Lamba, Advocate ---------
02/Dated: 30
th July, 2025
1. Heard the parties.
2. The present writ petition has been filed for the following reliefs :- (a) For issuance of appropriate writ(s) /
order(s) /direction(s) upon the respondents to - 2 - W.P.C No.3301 of 2025
2025:JHHC:21017 quash and set-aside the Notice(s) as contained in Ref No.RIDO/ 2025-26/ Ministry/01 dated 24.06.2025 (Annexure-5 Series) issued by Assistant Manager, LPG Sales, Jamshedpur (Respondent No.5) for Indian Oil Corporation Limited (MD), whereby and whereunder, the petitioners are directed to verify and conduct the process of Re-eKYC (Biometric Authentication) of the consumers who were the beneficiaries under the Pradhan Mantri Ujjwala Yojana (PMUY) failing which such connections of Consumers would be terminated and debit for the same will be raised against the Distributorship of the petitioners, which would amount to recovery of huge amount of money from the petitioner without any fault or without having any role in the approval of the proposed beneficiary for LPG connection under the said Scheme, therefore the Notice as referred hereinabove has been issued in the most arbitrary, mechanical, unreasonable, in violation of principles of natural Justice and illegal manner without any sanction of law therein, thus fit to be quashed and set-aside. (b) further be pleased to stay the operation of the Notice as contained in Ref No. RIDO/ 2025-26/ Ministry/01 dated 24.06.2025 (Annexure-5 Series) issued by Assistant Manager, LPG Sales, Jamshedpur (Respondent No.5) during lis-pendens. (c) further be pleased to direct the Respondent(s) not to act upon the Notice as contained in Ref No. RIDO/2025-26/ Ministry/01 dated 24.06.2025 (Annexure-5 Series) during lis- pendens. 3. The impugned order is at Annexure – 5 series. The aggrieved portion of the impugned order is quoted herein- below:- - 3 - W.P.C No.3301 of 2025
2025:JHHC:21017
“----------- You are directed to complete this exercise by 10.07.2025, failing which these connections shall be terminated and debit for the same will be raised against your distributorship. ---------------”
4. It has been submitted by the learned senior counsel for the petitioners that it is settled principle of law that no effective order can be passed snatching any civil right of any individual, without following due process of law meaning thereby, a proceeding has to be drawn by the competent authority and only on the culmination of proceeding, effective and executable order can be passed. 5. Although learned counsels for the respondents have opposed the prayer, but they could not dispute the aforesaid legal proposition that without drawing proceeding, no adverse order can be passed. 6.
In view of the above settled legal proposition, the present writ petition is, hereby, disposed of, giving liberty to the parties to proceed, in accordance with law, after following due procedure. 7. With the above observations and directions, the present writ petition stands disposed of. . 8. Pending interlocutory applications being I.A. Nos.8520 of 2025 & 8773 of 2025, stand disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 4 - W.P.C No.3301 of 2025