- 1 - HC-KAR NC: 2026:KHC:32854-DB WA No. 1955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.1955 OF 2025 (GM-RES) BETWEEN: 1. KARNATAKA RAJYA LPG CONSUMER ASSOCIATION, VISHNUPRIYA BUILDING, VIDYA NAGAR, BEHIND BRIGHT SCHOOL, VIRAJPETE TOWN, KODAGU DISTRICT - 571218 REP. BY ITS PRESIDENT P.K. RAJESH S/O LATE SRI P.N. KUTTAPPA. 2. SRI P.B. NANAIAH S/O LATE P.C. BHEEMAIAH, AGED ABOUT 66 YEARS, R/AT CHITTADE, BETOLI, VTC BETOLI, BETOLI POST, VIRAJPETE TALUK, KODAGU DISTRICT - 571218. 3. SRI B.B. NAGARAJ S/O SRI B.R. BHOJAPPA, AGED ABOUT 45 YEARS, R/AT ARJI VILLAGE, BETALI POST, PERUMBADI, VIRJAPETE TALUK, KODAGU DISTRICT - 571218. 4. MANU H.K. S/O LATE SRI H.M. KUTTAPPA AGED ABOUT 65 YEARS, Digitally signed by C K LATHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32854-DB WA No. 1955 of 2025 R/AT KANDANGALA VILLAGE, KANDANGALA POST, 1ST RUDRAGUPPE, KANDANGALA, VIRAJPETE TALUK, KODAGU DISTRICT - 571218. 5. SRI M.P. BIDDAPPA S/O M.C. POOVAIAH, AGED ABOUT 45 YEARS, R/AT NISARGA LAYOUT, VIRAJPET, KODAGU DISTRICT - 571218. …APPELLANTS (BY SRI. S. RAJASHEKAR, CGC) AND: 1. THE INDIAN OIL CORPORATION, REPRESENTED BY ITS CHAIRMAN, 3079/3, JB TITO MARG, SADIQ NAGAR, NEW DELHI - 110049. 2. THE BHARATH PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN, BHARATH BHAVAN, 4 & 6 CURRIMBHOY ROAD, BALLAD ESTATE, MUMBAI, MAHARASTRA - 400001. 3. THE HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, MUMBAI, MAHARASTRA - 400020. …RESPONDENTS (BY SRI. VACHAN H.U., ADVOCATE FOR MS. KAVITHA DAMODARAN, ADVOCATE FOR R-1; SRI N.J. KUMAR, ADVOCATE FOR R-2; SRI B.K. SRIDHAR, ADVOCATE FOR R-3) - 3 - HC-KAR NC: 2026:KHC:32854-DB WA No. 1955 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 10.11.2025, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.8109/2022 (GM-RES) AND CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED FOR AND GRANT SUCH OTHER AND FURTHER RELIEF'S AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 10.11.2025 [impugned order] passed by the learned Single Judge in Writ Petition No. 8109/2022 (GM-RES). The appellants had filed the said writ petition inter alia, praying that the respondents (Oil Marketing Companies-OMC) be directed not to migrate their consumers to any other dealers without their consent. 2. OMC provide their services through various dealers appointed by them. Each of the customers are attached to a dealer which effectively provides the supplies. The appellants are - 4 - HC-KAR NC: 2026:KHC:32854-DB WA No. 1955 of 2025 essentially aggrieved by the action of OMCs to allocate them to a dealer other than the dealer from whom they are being serviced without their consent. By virtue of such transfer, the dealer who was earlier servicing the customers would be precluded from doing so. In the aforesaid context, the appellants had sought the following reliefs in their writ petition : "(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. (c) Grant such other order or direction as this Hon'ble Court may deem fit and necessary, in the facts and circumstance of the case." 3. The learned Single Judge declined to entertain the said writ petition on the ground that a negative writ or direction for not performing a particular duty could not be granted under Article 226 of the Constitution of India. 4. We are unable to concur with the said view. Clause (1) of Article 226 of the Constitution of India expressly provides that the High Court would have the power to issue to any person or authority, including in appropriate cases, any Government, within - 5 - HC-KAR NC: 2026:KHC:32854-DB WA No. 1955 of 2025 those territories "directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari, or any of them, for enforcement of any of the rights conferred by Part III of the Constitution of India and for any other purpose." 5. It is clear from the plain language of clause (1) of Article 226 of the Constitution of India that the powers of the court are expansive and wide. Such power is not confined to issuing a writ in the nature of mandamus; it also includes a writ in the nature of prohibition or any other order, writ or direction. The reliefs sought by the petitioners are clearly within the scope of clause (1) of Article 226 of the Constitution. The learned Single Judge has not expressed any view on the merits of the case. In the given circumstances, we consider it apposite to set aside the impugned order and restore the writ petition before the learned Single Judge to consider afresh. 6. We are informed that a similar petition seeking similar reliefs (W.P No. 13816/2021) is pending consideration. Accordingly, we direct that the present Writ Petition No. 8109/2022 be listed along with the said petition. - 6 - HC-KAR NC: 2026:KHC:32854-DB WA No. 1955 of 2025 7. Interim orders any subsisting in Writ Petition No. 8109/2022 as obtained on the date of the impugned order shall continue to be operative till further orders in the Writ Petition. 8. The Writ Appeal is allowed in the aforesaid terms. 9. Pending application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE CKL List No.: 2 Sl No.: 26