BABA GAS SERVICE Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner no. 1 is a proprietorship firm, which is owned and run by the petitioner no. 2, who in the year 1994 was issued a letter of intent by the Indian Oil Corporation Limited for distribution of L.P.G. Cylinders, for which necessary licence was also granted by the Explosive Department for gas go-down for the for the purpose of storage of L.P.G. Cylinder.

(2.) THE present writ petition challenges the order dated 21.11.08 passed by the District Magistrate, wherein the prayer of unsealing the go-down and release of cylinders has been rejected.

(3.) IN the said writ petition, the petitioners specifically pleaded that the stock of L.P.G. Cylinders as was found in the go-down and as was mentioned in Fard Supurdgi (seizure memo) tally with the entries made in stock register except that the shortage of one cylinder was found, which was explained by the petitioners saying that the same was kept in the showroom for the purpose of exhibiting it to the customers, therefore, the seizure and sealing of the go-down was per se illegal and arbitrary.