The public interest litigation was filed in August 2025 by advocate Akshay Malhotra. The petitioner did not oppose the ethanol blending programme in principle but sought that users of vehicles manufactured before 2023 be provided with the option of purchasing ethanol‑free petrol. The petition highlighted that in jurisdictions such as the United States, Brazil and the European Union, ethanol‑free petrol continues to be sold alongside blended fuels, with clear labelling at retail outlets enabling consumers to make an informed choice.
The petitioner relied on the 2021 report of NITI Aayog, which recommended that the retail price of ethanol‑blended fuels be lower than that of unblended petrol to compensate for the reduction in calorific value. The petitioner noted that, despite the nationwide rollout of E20 petrol, pump prices had remained unchanged, thereby depriving consumers of the price adjustment envisaged by the policy advisory body.
Further, the petitioner quoted the opinion expressed by the Society of Indian Automobile Manufacturers (SIAM) in the same NITI Aayog report, which described the non‑availability of E10 fuel as a critical concern for the existing vehicle fleet. SIAM had recommended that E10 be made available on a pan‑India basis as a protection grade fuel for older vehicles.
When the matter came before the Supreme Court on 1 September 2025, a bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran heard the submissions. Although formal notice had not yet been issued on the petition, the Attorney General for India, R Venkataramani, appeared to oppose the plea. The Attorney General questioned the bona fides of the petitioner, characterising him as a “name lender” for external forces attempting to undermine the Union Government’s ethanol blending policy, which the Centre asserted was aimed at reducing dependence on imported petroleum and bolstering domestic agriculture.