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Supreme Court of India 2018-04-05 disposed

Seema Upadhyay vs Union of India thr. The Secretary, Min. of Petroleum and Natural Gas and Ors

Bench: 3 — D.Y. Chandrachud

In Brief

The petitioner sought mandamus directing investigation into alleged adulteration of petroleum products and diversion of kerosene through multiple dealerships allegedly owned by an individual through associates. The Court ordered a fact-finding inquiry and sought clarification on marker-based detection systems. The inquiry yielded no conclusive findings. The Court held that factual determinations regarding alleged benami dealership holdings cannot be made in Article 32 proceedings without impleading oil companies. The Court recommended the petitioner approach oil companies directly with evidence. Matters of prevention of adulteration and petroleum policy remain within the executive's domain, which had implemented various monitoring and inspection mechanisms.

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Petroleum Regulation Writ Petition - Article 32 Adulteration of Consumer Products Administrative Law Public Interest Litigation Executive Policy

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