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2026 DAILYLAW 631 (KAR)

BANGALORE HOTELS ASSOCIATION R v. UNION OF INDIA

WP/8968/2026 · 2026-03-23

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8968 OF 2026 (GM-RES) BETWEEN: 1. BANGALORE HOTELS ASSOCIATION R REP. BY ITS SECRETARY. SL. VEERENDRA N. KAMAT S/O LATE N. D. KAMAT AND AGED ABOUT 48 YEARS NO. 87, SHRESTA BHOOMI UNIT NO. 307, 3 FLOOR, V.V. PURAM, K.A. ROAD, VV. BANGALORE-560 004 2. SRL. KRISHNA RAJ S. P SURO. LATE SRIRAM, AGED ABOUT 45 YEARS, RESIDING AT NO. 986/21 2 CROSS, 10 MAIN RAGHAVENDRA BLOCK. SRINAGAR, BANGALORE-560050. 3. SRI H SUBRAMANYA S/S. H. J. SRINIVASA, AGED ABOUT 60 YEARS, RESIDING AT NO. 570, 5TH MAIN, SADASHIVANAGAR BANGALORE-560080. 4. SRI. P. C. RAO S/O. LATE P. SRINIVAS RAO RESIDING AT NO. A 1004, AGED ABOUT 22 MANTRI GREENS, 10TH FLOOR, SAMPIGE ROAD MALLESHWARAM, BANGALORE 560 003 5. SRI. KRISHNAN Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 S/O LATE M.K.MAHADEVAN M. AGED ABOUT 33 YEARS RESIDING AT FLAT NO. 002 SKY VIEW MEADOWS. KEMPANNA MAIN ROAD VIGNANA NAGAR, MARATHAHALLI POST, BANGALORE-560037 …PETITIONERS (BY SRI.SATHISH K., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, REPRESENTED BY ITS SECRETARY, KARTAVYA BHAWAN - 03. NEW DELHI-110 001. 2. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001. 3. INDIAN OIL CORPORATION LIMITED, REPRESENTED BY EXECUTIVE DIRECTOR, BANGALORE DIVISIONAL OFFICE, 1ST FLOOR, P. KALINGA RAO ROAD, BANGALORE - 560 027. 4. BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS EXECUTIVE DIRECTOR, DU PARK TRINITY, 7TH FLOOR, 17, MG ROAD, BANGALORE - 560 001. 5. HINDUSTHAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS EXECUTIVE DIRECTOR, CACT BUILDING, DOORAVANI NAGAR, K. R. PURAM, BANGALORE - 560 016. …RESPONDENTS (BY SRI.TUSHAR MEHTA, SGI AND SRI.ARVIND KAMATH, ASG A/W - 3 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 SRI. S.RAJASHEKAR, CGSC FOR R1; SRI.ADITYA DIWAKARA, AGA FOR R2; SRI.UDAYA PRAKASH MULIYA, ADVOCATE FOR R3; SRI.VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI.B.PRAMOD, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS B) ISSUE WRIT OR ORDER DIRECTING THE RESPONDENTS TO SUPPLY LPG COMMERCIAL CYLINDERS UNINTERRUPTEDLY TO THE HOTELS AND RESTAURANTS SITUATED IN BANGALORE, AS SUPPLIED EARLIER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a writ in the nature of mandamus directing the respondents to supply LPG commercial cylinders uninterruptedly to the hotels and restaurants situated in and around Bangalore. 2. This Court, vide order dated 17.03.2026, had directed the State to place on record the details of LPG stock availability. - 4 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 3. Today, the learned Solicitor General appearing for the Union of India has placed on record a copy of the affidavit filed before the Hon’ble Bombay High Court, delineating the existing framework governing procurement and distribution of LPG, including the prioritisation norms and measures adopted to ensure equitable allocation across sectors during the period of shortage. The said affidavit, produced along with a memo, is taken on record. 4. The learned Solicitor General has also placed reliance on a communication issued by the Secretary to the Ministry of Petroleum and Natural Gas, Government of India, indicating the allocation of commercial LPG to various States. 5. Learned Additional Government Advocate appearing for the State submits that the State Government has already apprised the Hon’ble Minister for Food and Civil Supplies of the prevailing situation and that deliberations are underway to engage with stakeholders, - 5 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 including the petitioner–association, with a view to evolving a workable mechanism to address the concerns of the hotel industry. 6. Having heard the learned counsel appearing for the parties and upon perusal of the material on record, this Court takes note of the observations made by the Division Bench of the Hon’ble Bombay High Court, as relied upon by the Union of India. It is evident that the issues raised in the present petition do not fall within a conventional administrative or statutory domain amenable to judicial review. 7. The disruption in LPG supply is a consequence of complex international developments and the policy responses necessitated thereby. Matters relating to allocation, distribution, and prioritisation of essential commodities, particularly during periods of global uncertainty and constrained supply, fall squarely within the realm of executive policy. - 6 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 8. In that view of the matter, this Court is of the considered opinion that issuance of directions, as sought for in the present petition, would trench upon executive policy-making in a highly sensitive domain involving national resources, international supply chains, and competing sectoral demands. Judicial review under Article 226 of the Constitution of India, though wide, is not intended to supplant executive wisdom in such matters, particularly where decisions are informed by technical, economic, and geopolitical considerations. 9. This Court respectfully concurs with the view taken by the Division Bench of the Hon’ble Bombay High Court and is of the opinion that the reliefs sought in the present petition cannot be granted at this juncture, bearing in mind the inherent limitations on judicial intervention in policy-driven matters. 10. In view of the submissions made by the learned Solicitor General and in light of the fact that the State - 7 - HC-KAR NC: 2026:KHC:16548 WP No. 8968 of 2026 Government is actively seized of the matter and is in the process of consulting stakeholders to evolve appropriate measures, this Court is of the opinion that no further directions are warranted. It is, however, open to the petitioner–association to place its concerns before the concerned Minister in the course of the ongoing deliberations. 11. Accordingly, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 44