NARSAI HIGHWAY FILLING STATION PATANCHERU MEDAK DISTRICT Vs. INDIAN OIL CORPORATION LIMITED HYDERABAD

JUDGEMENT

(1.) This writ petition has been filed by M/s. Narsai Highway Filling Station represented by its proprietor S.M.Sushil Kumar with a prayer to issue writ, order or direction declaring the action of the Respondent in relying upon the test Report dated 22-6-2005 and directing the petitioner to stop the sales as illegal, arbitrary and in violation of Petroleum Rules, 2002 and Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990 and Amendment Order 1993.

(2.) The proprietor of the petitioner Oil Filling Station has given his sworn affidavit in support of the writ petition. The case of the writ petitioner as set out in the affidavit be summarized, in brief, is as follows:

(3.) The petitioner is a dealer of respondent company pertaining to MS, HSD and Lubricant Oils. The Mobile Lab of the respondent Corporation visited the petitioner Petrol Bunk on 22-6-2005 and collected sample of High Speed Diesel for testing. The Mobile Test Report shows that the sampl.e does not meet the specification WRT density and Kinematic Viscosity @ 40 degrees centigrade. The Testing Officer has not conducted the test as contemplated in Rule 193 of the Petroleum Rules, 2002 and therefore, the test report cannot be a basis for initiating any proceedings against the petitioner. A specific assertion has been made in the writ affidavit that the test report based on examination of single sample is not in accordance with the Chapter X of Petroleum Rules, 2002 and thus its report cannot be a basis for initiating further proceedings against the petitioner.