The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) alleging black marketing and acute shortage of LPG cylinders in Delhi.
A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that it cannot order the supply of LPG cylinders as the matter lies in the domain of the executive.
"Suppose we issue a mandamus that henceforth no black marketing, no hoarding. Is it possible? It is very basic that any decree which is non-executable cannot be passed," CJ Upadhyaya said.
He added that issuing a mandamus in this case would be akin to issuing non-workable orders, like the government should eradicate poverty in India.
"The obligation of the government or oil companies in such matters is dependent on resources. You are asking us to issue a mandamus like eradicate poverty in two months. Can such a mandamus be issued?"
The petitioner, Advocate Rakesh Kumar Mittal, argued that LPG cylinders are being sold on the black market for over ₹5,000 even though the cylinders cost ₹1,000.
He also pointed out that a few weeks back, there was a shortage of gas in the High Court canteen. Mittal added said that the government was allowing export of the gas despite its shortage in India.
However, the Bench replied that the gas supply to the High Court canteen had been restored the same day.
Justice Karia noted that the government is taking action to address the situation and a mandamus cannot be issued when action has already been taken.
"The government is taking all action to address the situation. We can’t issue mandamus when there is already action taken by the government...We can issue directions if the government is not taking action. Whatever action is possible, the government is already taking," Justice Karia said.
On the argument that the Centre is allowing export of the gas, the Bench remarked that it cannot interfere with economic policies of the government.
Ultimately, the Bench allowed the petitioner to approach the government with his grievances.
"Taking measures to meet such exigencies lies exclusively in the realm of the executive. Accordingly, we permit the petitioner to make a representation to the government highlighting the issues. Once such a representation is made, the same shall be attended to by the authorities, and appropriate orders shall be passed," the Court ordered.