- 1 - HC-KAR NC: 2025:KHC:45369 WP NO.8109 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8109 OF 2022 (GM-RES) BETWEEN: 1. KARNATAKA RAJYA LPG CONSUMERS ASSOCIATION VISHNUPRIYA BUILDING, VIDYA NAGAR, BEHIND BRIGHT SCHOOL, VIRAJPETE TOWN, KODAGU DISTRICT - 571 218. REP. BY ITS PRESIDENT, P.K. RAJESH, S/O LATE P.N. KUTTAPPA. 2. SRI. P.B. NANJAIAH S/O LATE P.C. BHEEMAIAH AGED ABOUT 66 YEARS, R/AT CHITTADE, BETOLI, VTC BETOLI, BETOLI POST, VIRAJPETE TALUK, KODAGU DISTRICT - 571 218. 3. SRI. B.B. NAGARAJ S/O SRI B.R. BHOJAPPA AGED ABOUT 45 YEARS, R/AT ARJI VILLAGE, BETOLI POST, PERUMBADI, VIRAJPETE TALUK, KODAGU DISTRICT - 571 218. 4. MANU H.K. S/O LATE H.M. KUTTAPPA, AGED ABOUT 65 YEARS, R/AT KANDANGALA VILLAGE, KANDANGALA POST, 1ST RUDRAGUPPE, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45369 WP NO.8109 OF 2022 KANDAGALA, VIRAJPET TALUK, KODAGU DITRICT - 571 218. 5. SRI. M.P. BIDDAPPA S/O M.C. POOVAIAH, AGED ABOUT 45 YEARS, R/AT NISARGA LAYOUT, VIRAJPETE TALUK, KODAGU DISTRICT - 571 218. …PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE INDIAN OIL CORPORATION REP. BY ITS CHAIRMAN, 3079/3, J.B. TITO MARG, SADIQ NAGAR, NEW DELHI - 110 049. 2. THE BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHAIRMAN, BHARATH BHAVAN, 4 AND 6, CURRIMBHOY ROAD, BALLAD ESTATE, MUMBAI, MAHARASTRA - 400 001. 3. THE HINDUSTAN PETROLEUM CORPORATION REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, PETROLEUM HOUSE 17, JAMSHEDJI TATA ROAD, MUMBAI, MAHARASTRA - 400 020. …RESPONDENTS (BY SRI. SUYOG HERELE E., ADVOCATE FOR R2; SRI. B.K. SRIDHAR, ADVOCATE FOR R3; R1 - SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2025:KHC:45369 WP NO.8109 OF 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS HEREIN NOT TO MIGRATE THE CONSUMERS TO ANY OTHER DEALERS OF AN OIL COMPANY WITHOUT THE CONSENT OF THE CONSUMERS; DECLARE THAT THE OIL COMPANIES HAVE NO INFEASIBLE RIGHT TO MIGRATE A CONSUMER FROM ONE DEALER TO ANOTHER DEALER, WITHOUT HIS/HER CONSENT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER The relief sought for by the petitioners in this writ petition reads as under: "(a) Issue a writ in the nature of mandamus directing the respondents herein not to migrate the consumers to any other dealers of an oil company without the consent of the consumers; (b) Declare that the oil companies have no infeasible right to migrate a consumer from one dealer to another dealer without his/her consent." 2. In this petition, petitioners have sought for writ of mandamus against the respondents herein not to migrate the - 4 - HC-KAR NC: 2025:KHC:45369 WP NO.8109 OF 2022 consumers to any other dealers of an oil company without the consent of the consumers. 3. Having heard the learned counsel appearing for the parties and on careful consideration of prayer made in the writ petition, I am of the view that, a negative writ or direction for not performing a particular duty cannot be granted under Article 226 of the Constitution of India as the writ of mandamus would lie only against a Public Authority to do a public duty. Therefore, the prayer made in the writ petition cannot be acceded. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 6