M/S. SHAAN PETROLEUM HPCL PETORL/DIESEL RETAIL OUTLET Vs. HINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 23.11.2017 wherein on drawing the 3 tier MDG samples, action has been initiated against the petitioner and the sales and supplies of all products has been suspended. In that view, the petitioner is seeking to direct the respondents to continue with the sale and supply of products at the petitioner's outlet.

(2.) The facts relating to the petitioner being a retail outlet under the respondents is the accepted position. The issue for consideration herein is with regard to the action that had been initiated by the respondents against the petitioner and as to whether in that circumstance before conclusion of the proceedings by the respondents, whether any interference is called for from this Court.

(3.) Learned counsel for the petitioner to support the contention to urge that the respondents be directed to provide the supplies to the retail outlet and permit the petitioner to carry on with the business would seek to rely on the document at Annexure-E to contend that the inspection was conducted on 23.11.2017 and as per the said report, there is no marked variation with regard to the adulteration as contended presently and therefore the respondents pending consideration of all other aspects are required to permit the petitioner to continue with the sale. In that regard, the petitioner also seeks to rely on the earlier order dated 26.06.2015 passed by this Court in W.P. No. 22812/2015 where this Court had directed the respondents therein to permit the sales pending completion of the enquiry.