- 1 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29746 OF 2016 (GM-RES) C/W WRIT PETITION NO. 16468 OF 2016 (GM-RES) IN W.P. NO. 29746/2016 BETWEEN M/S. SHARMA TRANSPORTS NO. 328, SANGEETHA BHAVAN, TIPPU SULTHAN PALACE ROAD, KALASIPALYAM FORT, BANGALORE-560 002, REPRESENTED BY ITS PROPRIETOR, MR. SUNIL KUMAR SHARMA, S/O. LATE SRI. D.P. SHARMA, AGED ABOUT 45 YEARS. ...PETITIONER (BY SRI. P N HEGDE., ADVOCATE) AND 1. UNION OF INDIA BY ITS PRINCIPAL SECRETARY, MINISTRY OF COMMERCE AND INDUSTRIES, UDYOG BHAVAN, NEW DELHI-110 107. 2. CHIEF CONTROLLER OF EXPLOSIVES "A" BLOCK, CGO COMPLEX, 5TH FLOOR, SEMINARY HILLS, NAGPUR, MAHARASTRA-440 006. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 3. JOINT CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, MINISTRY OF COMMERCE AND INDUSTRIES, PETROLEUM AND EXPLOSIVE SAFETY ORGANISATION, A & D WING, BLOCK-1-B, 2ND FLOOR, SHASTRI BHAVAN, 26, HADDOWS ROAD, NUGUMBAKKAM, CHENNAI-600 006. 4. STATE OF KARNATAKA BY ITS SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-560 001. 5. THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GOVERNMENT OF KARNATAKA, CUNNINGHAM ROAD, BANGALORE-560 001. 6. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, BANGALORE-01 7. DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE KARNATAKA STATE, NRUPATHUNGA ROAD, BANGALORE-560 001. …. RESPONDENTS (BY SMT. ANUPAMA HEGDE., CGC FOR R1 TO R3; SRI. M. SRINIVAS KUMAR., HCGP FOR R4 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE LETTER/ORDER BEARING NO.KA/PET/COMPLAINTS, DATED 29.02.2016 ISSUED BY THE 3RD RESPONDENT AT ANNEXURE-A AND ETC. IN W.P. NO. 16468/2016 BETWEEN - 3 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 1. M/S TSN PETAROLEUM SERVICES NO. 58, KANAMINKE, KENGERI HOBLI, BANGALORE - MYSORE ROAD, BANGALORE 560074. REPRESENTED BY ITS PROPRIETOR SRI. K.A. MOHAMMED SANAULLA, AGED ABOUT 60 YEARS, S/O. LATE. B M K AHMED 2. M/S. P. SATYANARAYANA AND COMPANY NO. 136, S C RAOD, SESHADRIPURAM, BANGALORE 560020, REPRESENTED BY ITS PROPRIETOR, SRI. P.S. ADINARAAYANA PRASAD, AGED ABOUT 61 YEARS, S/O. LATE. P. SATYANARAYANA (DELETED VIDE ORDER DATED 25.1.2018) 3. DM & SOMS NO. 1, OLD AIRPORT ROAD, OPP. MANIPAL HOSPITAL, KODIHALLI, BANGALORE 560017, REPRESENTED BY IT PARTNER, SRI. SANTOSH K, AGED ABOUT 47 YEARS, S/O. D M KRISHNA 4. M/S. MATS FUEL PARK NO. 123/2, ITPL ROAD, KUNDALAHALLI, BANGALORE 560037. REPRESENTED BY ITS PARTNER, SRI. K.C.V. MADHUKAR, AGED ABOUT 64 YEARS, S/O. VENKATARAMANAPPA 5. M/S. THIRUMALA SERVICE STATION NO. 233, A, BOMMASANDRA INDUSTRIAL AREA, HOSUR ROAD, BANGALORE 560099. REPRESENTED BY ITS PROPRIETOR, SRI. A.J. RANGANATH, - 4 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 AGED ABOUT 51 YEARS, S/O. LATE. A.L. JAYARAJ. 6. M/S. VINOD AUTO SERVICE NO. 1, WHEELER ROAD, BANGALROE 560005. REPRESENTED BY ITS PARTNER. SRI. DIWAKAR. N, AGED ABOUT 48 YEARS, S/O. NANJAPPA. 7. M/S. SANTRUPATHI FUELS MAHAKAVI KUVEMPU ROAD, OPP. HARISHCHANDRA GHAT, BANGALORE 560043. REPRESENTED BY ITS PROPRIETOR, SRI. RAVIRAJ SHETTY, AGED ABOUT 48 YEARS, S/O. JAGANNATHA SHETTY. 8. M/S. CHANDERS NO. 104, KIADB INDUSTRIAL AREA, BOMMASANDRA, JIGANI LINK ROAD, BANGALORE 560105. REPRESENTED BY ITS PARTNER, SRI. N. NATRAJ, AGED ABOUT 68 YEARS, S/O. NARAYANASWAMY 9. M/S VIJAY GASOLINE NO. 6/1C, OUTER RING ROAD, DODDANEKKUNDI, BANGALORE 560037. REPRESENTED BY ITS PROPRIETOR, SRI. VIJAY KUMAR, AGED ABOUT 66 YEARS, S/O. LATE. N.A. SEETHARAM REDDY. 10.SHRI. LAKSHMI VENKATESHWARA FUELS NO. 122/1, 123, ANEKAL TO ATTIBELE ROAD, ATTIBELE, BANGALORE 562107. - 5 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 REPRESENTED BY ITS PROPRIETRIX SMT. MANJULA, AGED ABOUT 28 YEARS, W/O. SRI. RAMESH 11.M/S. GURUKRUPA AUTO SERVICE OUTER RING ROAD, BTM LAYOUT, BANGALORE 560068. REPRESENTED BY ITS PARTNER, SRI. ANAND KUMAR S, AGED ABOUT 48 YEARS, S/O. T.K. SWAMIAPPAN. 12.M/S. PRIYADARSHINI SERVICE STATION 145-B, BOMMASANDRA INDUSTRIAL AREA, HOSUR ROAD, BANGALORE 560099. REPRESENTED BY ITS PROPRITOR, SRI. B N NAGARAJA REDDY, AGED ABOUT 55 YEARS, S/O. SRI. B C NARAYANA REDDY. 13.M/S. GURUKRUPA SERICE STATION ROYAN CIRCLE, CHAMRAJPET, BANGALORE 560018. REPRESENTED BY ITS PARTNER, SRI. ARUL KUMAR. S. AGED ABOUT 44 YEARS, S/O. T.K. SWAMIAPPAN 14.M/S. VENKATESWARA & CO 58, HOSUR MAIN ROAD, MADIWALA, BANGALORE 560068. REPRESENTED BY ITS PARTNER, SRI. R. SRINIVASAN, AGED ABOUT 64 YEARS, S/O. LATE. P.M. RAMALINGAM CHETTIAR, 15.M/S. DEEPA SERVICE STATION NO. 4/3, BYPASS KUNIGAL CIRCLE, NH-1, TUMKUR ROAD, NELAMANGALA, BANGALORE 562123, REPRESENTED BY ITS PARTNER, - 6 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 SRI. R. RAGHAVENDRA, AGED ABOUT 37 YEARS, S/O. RACHE GOWDA 16.M/S SEETHA FUELS INC C A PLOT , 4TH PHASE, KIADB INDUSTRIAL AREA BOMMASANDRA JIGANI LINK ROAD, BANGALORE - 560099 REPRESENTED BY ITS PROPRIETOR SRI P ANANTHARAJA GOWDA AGED ABOUT 71 YEARS S/O DODDAIAH GOWDA 17.M/S NANDHINI FUEL STATION 53, AREKEMPANAHALLI OPP 10TH CROSS WILSON GARDEN BANGALORE - 560027 REPRESENTED BY ITS PROPRIETRIX SMT M B SHILPA AGED ABOUT 35 YEARS D/O M S BALAGANGADHAR 18.M/S NANDI KISAN SEVA KENDRA BUDIGERE, DEVANAHALLI TALUK, BANGALORE DISTRICT-560001 REPRESENTED BY ITS PROPRIETOR SRI P NAGARAJ AGED ABOUT 70 YEARS S/O PUTTARAJAPPA 19.M/S INFANT TRAVELS PVT LTD OUTER RING ROAD, NAYANDHALLI BANGALORE - 560085 REPRESENTED BY ITS MANAGING DIRECTOR SRI JOHN LOUIS AGED ABOUT 45 YEARS S/O LOUIS 20.SRI VARSHATH E-1/7, SYNDICATE BANK COLONY AREKERE, BANNERGHATTA MAIN ROAD BANGALORE - 560076 REPRESENTED BY ITS PROPRIETRIX - 7 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 SMT P SUDHA DEVI AGED ABOUT 56 YEARS W/O B S NARASIMHAIAH 21.UNITED PETROLEUM FORUM BUREAU OF PETROLEUM SERVICES RESEARCH AND DEVELOPMENT SERVICES WING NO 25, 11TH A MAIN, 5TH BLOCK, JAYANAGAR, BENGALURU-560011 REPRESENTED BY ITS PRESIDENT SRI K A MOHAMMED SANAULLA ...PETITIONERS (BY SRI. SIDDHARTH SUMAN., ADVOCATE FOR P1, P3, P11, P13, P14, P16 & P21) AND 1. UNION OF INDIA BY ITS PRINCIPAL SECRETARY MINISTRY OF COMMERCE AND INDUSTRY UDYOG BHAWAN NEW DELHI – 110017 2. CHIEF CONTROLLER OF EXPLOSIVES A BLOCK, CGO COMPLEX FIFTH FLOOR, SEMINARY HILLS NAGPUR (MAHARASHTRA) – 440006 3. JOINT CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, MINISTRY OF COMMERCE AND INDUSTRY PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO) A & D WING BLOCK 1-B 2ND FLOOR SHASHTRY BHAVAN 26 HADDOWS ROAD, NUGUMBAKKAM CHENNAI – 600006 4. STATE OF KARNATAKA - 8 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 BY ITS CHIEF SECRETARY VIDHANA OSUDHA VIDHANA VEEDHI BANGALORE – 560001 5. THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES GOVERNMENT OF KARNATAKA CUNINGHAM ROAD, BANGALORE – 560001 6. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE-560001. 7. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE NRUPATHUNGA ROAD, BANGALORE – 560001 8. THE COMMISSIONER OF POLICE BANGALORE CITY POLICE BANGALORE …. RESPONDENTS (BY SMT. ANUPAMA HEGDE., CGC FOR R1 TO R3; SRI. M. SRINIVAS KUMAR., HCGP FOR R4 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDERS OR DIRECTIONS,QUASHING THE LETTER/ORDER BEARING NO. KA/PET/COMPLAINTS DATED 29.02.2016 ISSUED BY THE 3RD RESPONDENT (I.E. ANNEXURE-D) AS ARBITRARY, ILLEGAL AND UNJUST AND ETC. THESE WRIT PETITIONS COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 07.07.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 9 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 CAV ORDER 1. The Petitioner in Writ Petition No.29746/2016 is before this Court seeking for the following reliefs: i. Issue a writ in the nature of Certiorari, quashing the letter/order bearing No. KA/Pet/Complaints dated 29.02.2016 issued by the 3rd respondent at Annexure-A. ii. Issue a writ in the nature of Mandamus directing the respondent authorities not to cause any trouble to the petitioner in the event of petitioner selling/supplying HSD i.e. Petroleum Class-B through Bowsers/Tankers from its outlet subject to the supply at any time being not in excess of 2500 litrs and same is contained in a receptacle not exceeding 1000 Liters in capacity as per Section 7(i) of the Petroleum Act. iii. Pass any other order as this Hon’ble Court deems fit in the facts and circumstances of the case. 2. The Petitioner in Writ Petition No.16468/2016 is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari or such other appropriate writ or orders or directions, quashing the letter/order bearing No. KA/Pet/Complaints dated 29.02.2016 issued by the 3rd respondent(i.e. Annexure-D) as arbitrary, illegal and unjust. b. Issue a writ of mandamus or such other appropriate writ or orders or directions, directing the respondents/authorities concerned not to cause any trouble/impediment to the petitioners and/or otherwise launch any prosecution or initiate any adverse or punitive action against the - 10 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 petitioners/retail petroleum outlets, in the event of the petitioners selling/supplying from their petroleum retail outlets High Speed Diesel (HSD) i.e. Petroleum Class B to Bowsers/Tankers subject to the supply at any time being not in excess of 2500 Litres and the same is contained in a receptacle not exceeding 1000 Litres in capacity as per Section 7(i) of the Petroleum Act, 1934. c. To award costs and grant such other relief as this Hon’ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity. Facts in 16468 of 2018: 3. The petitioners claim to be in the business of catering fuels and lubricants in retail petroleum outlets in Bangalore under a valid license granted by the Oil Marketing Companies [OMCs] like Indian Oil Corporation, Bharat Petroleum Corporation, Hindustan Petroleum Corporation, etc. Petitioner No.21 is stated to be an Association of such retail petroleum outlets who have been formed to protect the business interest of such retail outlets. 4. The petitioners claim that all of them have obtained licenses for retail vending as well as from the Department of Explosives, Department of Legal - 11 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 Metrology, Labour Department, Commercial Tax Department, etc. They also claim that they are making payments of the necessary ESI, PF and trade license fees to the Bruhat Bengaluru Mahanagara Palike [BBMP]. 5. The petitioners dealing with both petrol and High Speed Diesel [HSD] have obtained the necessary licenses in Form-XIV issued under the Petroleum Rules, 2002, to store petroleum in tanks in connection with pump output for fuelling motor conveyances. The petitioners have been vending HSD to the concerned vehicles that come to their retail outlets. Apart from these vehicles, there is also a request made to the petitioners to supply HSD to the location of the customer on account of large diesel generation sets, earth-moving equipment and or the like, which cannot be brought to the vending outlet of the petitioners. - 12 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 6. It is in that background that the petitioners, the purchasers and or specific service providers have made available motor vehicle equipment called BOWSER for such supply. The manner in which the same is made operational is that the purchaser sends a Bowser to the retail outlet of the petitioner, either belonging to him or to a service provider. HSD is filled into the said Bowser, the Bowser transports the HSD from the retail outlet to the location where it is required to be used, thereby enabling the operation of the generator sets without any let or hindrance, as well as the operation of the heavy earth-moving equipment without any hindrance. 7. The Joint Chief Controller of Explosives, South Circle, Chennai, having received certain complaints, vide his letter dated 29.02.2016 had written to the OMC's Stating that there are numerous complaints which have been received relating to filling of petroleum products to unapproved Bowsers from the - 13 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 retail outlets and those Bowsers delivering petroleum products to industrial premises like IT parks, road making machines, on site and on road supply to the vehicles. Such delivery of petroleum products to the Bowsers by the retail outlet is against the license issued to the retail outlets in form Roman 14 of Petroleum Rules 2002, where it is clearly mentioned that the license is granted to store petroleum in tank or tanks in connection with pump outfit for fuelling motor conveyances and in that background that it was stated that this was viewed seriously by the organization and the OMC were advised to stop filling of petroleum products to the Bowsers from the retail outlets failing which penal action would be taken towards suspension/cancellation of licenses granted in Form-XIV of the Petroleum Rules, 2002. 8. The petitioners, as also the OMC's had replied to the same, as also addressed various correspondences to the Chief Secretary, Commissioner, Department of - 14 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 Food and Supplies, the Chief Secretary, Government of Karnataka, etc., despite which, the respondents had indicated that they would take action on the basis of the letter dated 29.02.2016. It is in that background that the petitioners are before this court seeking for the aforesaid reliefs. Facts in WP 29746/2016: 9. The petitioner claims to be in the business of catering fuels and lubricants in retail petroleum outlets, under a valid license in Form-XIV issued on Petroleum Rules 2002. The petitioner also claims that the petitioner is operating transport services having various buses etc. in its fleet and as such, the petitioner also uses Bowsers for the purpose of transport of HSD from the retail outlet to fill up the tanks of the buses owned by the petitioner, as well as to supply petroleum to its customers who run diesel generating sets etc. The petitioner in this - 15 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 matter is also aggrieved by the very same letter and has sought for the reliefs as extracted above. 10. Sri.Siddharth Suman, learned counsel for the petitioner in W.P. No.16468/2016 would submit that, 10.1. The Bowsers are basically storage tankers with additional safety protection in terms of the inlet and outlet being controlled by instruments which are kept under lock and key. There are various diesel generator sets used in apartment complexes, IT parks, industries, etc., most of which are backup generators which become operational in the event of a power cut or the like. These generators fixed to the earth and consume HSD in hundreds of litres and it is in that background that those generators cannot be brought to the retail outlet for filling up nor can the storage tanks of those generator be filled by using jerry cans etc., which have a lower capacity of 50 to 100 litres and as such, - 16 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 HSD is transported using Bowsers which would have about 2000 litre capacity with each receptacle in the Bowser having capacity not exceeding 1000 litres inasmuch as each Bowser having a capacity of 2000 litres there being 3 receptacles evenly divided, the capacity of each receptacle is about 650 to 675 litres the diesel in HSD is filled up in these Bowsers and transported to the site where the generator is located, the storage tanks of the said generator are filled up using the Bowser for which payments are made by the purchaser. 10.2. In so far as storage of HSD is concerned, in those storage tanks the purchaser has obtained necessary licenses from the explosives department and as such, is in compliance with the applicable laws. 10.3. Secondly, he submits that there is large earth- moving equipment which are not motorable on - 17 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 the road, which is used in mines, road making, areas where land is to be levelled, etc. Again, these earth-moving equipment are not capable of being transported to the retail outlet for the purpose of filling up with HSD. HSD is supplied to these earth-moving equipment using Bowsers so that the earth-moving equipment can be kept running, which has an advantageous effect towards the economy. 10.4. His submission is that there are different kinds of Bowsers with different capacities. Earlier even as regards the supply of HSD to the diesel generator sets and earth moving equipment, the same was done using jerry cans and or drums. There is no prohibition for filling up of jerry cans and drums, when the same is done in large numbers, it is not safe, nor efficient, and it is for this reason that Bowsers have been used. - 18 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 10.5. In the license under Form-XIV, there is no restriction on filling up of the Bowsers or such similar equipment, What is only required in terms of Clause (16) of the license is that petroleum is to be filled from the tank or the pump into a container or receptacle which is securely clamped or fitted to a motor vehicle. The tank on the Bowser is fitted to the motor vehicle and is securely clamped to the chassis of the motor vehicle. As such, the safety restriction under Clause (16) of the license has been adhered to by the petitioners. 10.6. He submits that in terms Section 7 of the Petroleum Act 1934, no license is needed for transport or storage of limited quantities of petroleum of Class-B or Class-C, HSD coming under Class-B, in terms of Subsection (i) of Section 7, no such license is required if the quantity does not exceed 2500 litres and none - 19 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 of it is contained in a receptacle exceeding 1000 litres in capacity. He therefore submits that there being no license which is required for this purpose, it is only if a Bowser has a capacity of more than 2,500 litres that a license under Section 7 is required. 10.7. On this ground he submits that the respondents could not have taken exception to the above activities, the respondents ought to have considered that the above activities are in the interest of the economy of the country and being so, ought not to have threatened the cancellation of the license issued. 11. Sri.P.N.Hegde, learned counsel for the petitioner in W.P. No.29746 of 2016, makes a similar submission. Additionally, he submits that Bowsers are used by the petitioner in that matter for the purpose of filling up of the HSD tanks of the buses owned by the petitioners. His submission is that many of the retail - 20 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 outlets in the city being located in densely populated areas, the size of the retail outlets being small, it is very difficult for buses to be brought into the retail outlet for the purpose of filling up HSD and it is for that reason that HSD is taken, via a Bowser to be filled in the tanks of the buses. This he submits, takes away congestion on the roads and as also brings about efficiency in running of the transport business of the petitioner. 12. Therefore, he submits that both practically the above being efficient means and legally there being no prohibition for using such a Bowser having a capacity of less than 2500 litres, this court ought to intervene and allow the above provisions as sought for. 13. Ms. Anupama Hegde, learned Central Government Counsel for respondents No.1 to 3 submits that there is no provision for a retail outlet to vend to a Bowser. A retail outlet can only vend to a motor vehicle and or to small jerry cans, drums, or the like. A Bowser, - 21 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 being a vehicle used for transportation of HSD, is not making use of HSD for running of the Bowser, but for the transport thereof, which is not permissible in a license issued under Form-XIV. She submits that this activity not being permitted is prohibited and therefore the respondents were proposing to take action against the petitioners in both the matters on account of supply of HSD to such Bowsers and in that background, she submits that no grounds being made out, the reliefs sought for by the petitioners in both the matters being contrary to the applicable law, both the petitions are required to be Dismissed. 14. Heard Sri.Siddharth Suman, learned counsel for the petitioner in W.P. No.16468/2016 and Sri.P.N.Hegde, learned counsel for the petitioner in W.P. No.29468/2018, Smt.Anupama Hegde, learned Central Government Counsel for respondents No.1 to 3 in both the petitions and Sri.M.Srinivas, learned counsel for respondents No.4 to 8 in W.P. - 22 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 No.16468/2016 and for respondents No.4 to 7. Perused papers. 15. The short point that would arise for consideration is. Whether under law there is a requirement of any license for supplying HSD to a Bowser, and or whether there is any prohibition under law for a retail outlet to supply petroleum products to a Bowser? 16. The nature of a Bowser has been detailed hereinabove, Photographs thereof have also been produced along with the petition in WP No.16468/2018. Those photographs indicate the manner in which the browser is constructed, the manner in which it carries HSD, the filling up and dispensation of HSD, as also as regards the location where HSD is dispensed to. 17. Exfacie, it is clearly and categorically seen that using of Bowsers brings about an efficiency inasmuch as a reasonable quantity of HSD, up to an extent of 2000 litres is transported at one go in a safe and secure - 23 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 manner to the location where HSD is to be delivered or dispensed. As indicated by both Mr.Siddharth Suman and Mr. P.N.Hegde, learned counsels, these locations are related to diesel generating sets, earth- moving equipment, buses, transport vehicles, etc. 18. It cannot be doubted that diesel generating sets are required in our country, especially given the current power situation and deficit. Many of the industries and offices run on generators for a large part of the day. The use of a diesel generator is permitted by obtaining certain licenses and or permissions. The use of such generators is subject to the conditions imposed under such licenses, and the storage of HSD is also subject to such conditions. When the usage of the diesel generator is not prohibited, it cannot be said that diesel cannot be supplied to such generators. 19. Similarly, heavy earth-moving equipment like JCBs, Poclains deployed at the site, cannot come to a retail - 24 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 outlet for the purpose of being filled up with HSD or the like. Buses and trucks today are also very large. Many of them have double or Multi axles, it is not possible for these buses and trucks to also enter a retail outlet for the purpose of filling up with HSD. These are all aspects which can be taken judicial note of. Thus, the use of Bowser, the practicality of it, as also the efficiency that it brings about cannot be doubted. 20. What would have to be now looked at is whether there is a prohibition on the usage of the browser or any license which is required for the usage of a browser? Admittedly, the petitioners have a license in terms of Form-XIV of the Petroleum Rules, 2002 and have been running their outlet without any let or hindrance. It is only on account of the dispensation of HSD to a browser that the present matter has arisen. - 25 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 21. There is no restriction imposed under the said license as regards the quantum of HSD that could be dispensed by the retail outlet. Thus, there is no prohibition under the license for dispensing of 2000 litres to a particular customer or a particular browser. Now, what is to be seen is whether there is a prohibition on the transport of 2000 litres of HSD by using a Bowser. 22. Section 7 of the Petroleum Act, 1934 is reproduced hereunder for easy reference: 7. No license needed for transport or storage of limited quantities of petroleum Class B or petroleum Class C.- Notwithstanding anything contained in this Chapter, a person need not obtain a license for the transport or storage of- (i)petroleum Class B if the total quantity in his possession at any one place does not exceed two thousand and five hundred litres and none of it is contained in a receptacle exceeding one thousand litres in capacity; or (ii)petroleum Class C if the total quantity in his possession at any one place does not exceed forty-five thousand litres and such petroleum is - 26 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 transported or stored in accordance with the rules made under section 4. 23. In terms of Section 7, it is clear that a person need not obtain a license for transport or storage of Petroleum Class-B if the total quantity in his possession at any one place does not exceed 2500 litres and none of it is contained in a receptacle exceeding 1000 litres in capacity. Thus, it is only if there is an excess of 2500 litres which is to be stored or transported that a license would be required. Section 7, containing a non-obstante clause, would override anything else contained in the Act. In that view of the matter, I am of the considered opinion that it is legally permissible for a person to transport and or store up to 2500 litres of HSD, which is a Class-B petroleum product, by using a browser without the requirement of any license. No license being required, it cannot be said that there is a prohibition for the retail outlets to vend to a Bowser. - 27 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 24. The complaints, if any, received by the respondents cannot be a cause to stop a legitimate business of the petitioners, which business brings about efficiency and addresses a serious issue in the running of the city. 25. Looked at from another angle, if the demand of the respondents are accepted, then the owner or a person running a generator set would have to transport HSD to the generator set using jerry cans or drums which are not as safe as a Bowser and therefore, there could be a mishap at the time of filling or the time of transport, as also at the time of dispensation. 26. Similar would be the situation as regards heavy earth-moving equipment, if Bowsers are not used, the earth-moving equipment would have to come to the retail outlet, which is also not practically possible. As regards filling up of the tanks of the buses and heavy transport vehicles if those were to enter a - 28 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 retail outlet in a city, the entire retail outlet would be blocked for a large amount of time. The entry and exit of the vehicle would also take a large amount of time. 27. Though retail outlets have been provided at the depots of the Road Transport Corporations, private transporters cannot avail of such retail outlets and as such, would have to come to the existing retail outlets. This would cause an undue burden on the road infrastructure of the city, resulting in Bangalore being more vilified for traffic congestion. 28. Thus, looked at from any angle, there is neither a prohibition nor a license which is required to be taken for dispensing of Petroleum product up to 2,500 litres belonging to Class-B category to a Bowser, as also taking account the practical benefits by usage of such browsers. I am of the considered opinion that the demands made by the respondents - 29 - HC-KAR NC: 2025:KHC:26700 WP No. 29746 of 2016 C/W WP No. 16468 of 2016 are completely unconscionable and contrary to the applicable law. 29. In that view of the matter, I pass the following: ORDER i. Both the petitions are allowed. ii. A certiorari is issued, the letter dated 29.02.2016 bearing No.KA/Pet/Complaints at Annexure-D issued by respondent No.3 in both the petitions is quashed. iii. A mandamus is issued directing the respondents not to obstruct the petitioners in both the matters from running their legally permissible business. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 77