IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.540 of 2025 ----- 1. M/s Sahara Bharat Gas Gramin Vitrak having its office at Palasbana, Panchayat Palasbona, P.S.-Kotalpokhar, District-Sahibganj, through its Licensee Mashrura Khatun, W/o Wasim Akram, R/o Mirzapur, P.O.- Ganeshpur, P.S.-Barharwa, District-Sahibganj. 2. Mashrura Khatun, W/o Wasim Akram 3. Wasim Akram, S/o Abubakar Both are R/o Village-Mirzapur, P.O.-Ganeshpur, P.S.- Barharwa, District-Sahibganj. .......... Petitioners. -Versus- 1. Bharat Petroleum Corporation Ltd. (BPCL), a Government of India Enterprise, Ranchi through its Territory Manager. 2. The Territory Manager (LPG), Bharat Petroleum Corporation Ltd., Ranchi. 3. The Area Sales Manager, Bharat Petroleum Corporation Ltd., Bokaro. 4. The Taj Bharat Gas Gramin Vitrak, Pakur through its proprietor Sanjida Bibi, W/o Tojiful Shekh, R/o Kumarpur, P.O. & P.S.-Pakur (M), District-Pakur. 5. Md. Taslim Sk, previously Manager, M/s Sahara Bharat Gas Gramin Vitrak, R/o Madhopara, P.O. & P.S.- Barharwa, District-Sahibganj. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Mahesh Tewari, Advocate For Respondents : Mr. Mrinal Kanti Roy, Advocate ----- Order No.05 Date: 26.03.2025 1. The present writ petition has been filed for following reliefs: i. Issuance of direction upon the respondent nos.2 & 3 to send all records appertaining to issuance of the letters dated 8th July, 2023 and 3rd October, 2024 to the petitioner no.1 conveying that 1471 and 2000 LPG gas consumers who were assigned with the petitioner no.1, have now been transferred temporarily to the agency of the respondent no.4. ii. For quashing the letters dated 8th July, 2023 and 3rd October, 2024 issued to the petitioner no.1. iii. For issuance of direction upon the respondent nos.2 & 3 to forthwith reassign those 3471 LPG gas consumers to the petitioner no.1 i.e., retail outlet of the petitioner no.2 (licensee) from where they had been getting their supply of LPG since the year 2022 without registering any adverse remarks or complaint. iv. For issuance of direction upon the respondent no.1 to forthwith refund the amount of Rs.9,27,000/- (Rupees nine lakhs twenty-seven thousand) which has been illegally deducted as penalty through the demand draft from bank account of the petitioners. v. For issuance of direction upon the respondent nos.2 & 3 to forthwith refund the amount of Rs.8 lakhs (approximately) to the petitioners deducted from the system account i.e. system of BPCL through Sahara. vi. For issuance of direction upon the respondents to grant interest at the rate of 18% per annum to the petitioners in lieu of illegal, unjustified deduction as penalty of huge amount i.e., Rs.17.27 lakhs resulting the entire business of the petitioner nos.2 & 3 to a cripple stage. 2. The main submission of learned counsel for the petitioners is that the respondent no.2 by the impugned letters, have taken -2- W.P. (C) No.540 of 2025 taken away the right of livelihood of the petitioners by diverting 3471 consumers from the LPG Distributorship of the petitioner no.1 and attaching them to the LPG Distributorship of the respondent no.4. Such action of the respondent no.2 is a glaring example of abuse of power. Moreover, imposing huge penalty of Rs.17.27 lakhs upon the petitioners is also illegal, arbitrary and unjustified. Under the said circumstance, the petitioners have preferred the present writ petition invoking Article 226 of the Constitution of India. 3. Mr. Mrinal Kanti Roy, learned counsel appearing on behalf of the respondents-BPCL submits that the petitioners have efficacious remedy of preferring appeal in view of Clause 3.11 of “Market Discipline Guidelines, 2022 issued for LPG Distributorship” which is applicable with respect to all government oil marketing companies. It is further submitted that as per the Clause 3.11 of the Guidelines, 2022, the appeal will lie before the LPG Head of the Region i.e., the Regional LPG Manager, Kolkata. 4. Having heard learned counsel for the parties and considering that the petitioners have efficacious remedy of preferring appeal against impugned letters dated 8th July, 2023 and 3rd October, 2024 issued by the respondent no.2 by preferring appeal under Clause 3.11 of the Guidelines, 2022 before the Regional LPG Manager, Kolkata, I am not inclined to entertain -3- W.P. (C) No.540 of 2025 the writ petition on merit at this stage. Though Sub-Clause 1 of Clause 3.11 of Guidelines, 2022 provides that the appeal has to be filed within a period of 30 days from the receipt of the order of the authority, however, considering that the present writ petition remained pending before this Court for some period, if the petitioners prefer an appeal within two weeks, the appellate authority shall entertain the same on merit and disposed it of by way of speaking order after providing due opportunity of hearing to the petitioners/their representatives positively within 60 days from the date of filing of the same. 5. Since the amount of penalty in question has already been deducted/adjusted, the petitioners’ are not required to pay any further amount for invoking the said provision of appeal. 6. The writ petition is, accordingly, dismissed with the aforesaid liberty and direction (Rajesh Shankar, J.) Vikas/ -4- W.P. (C) No.540 of 2025