SONIKA AUTOMOBILES Vs. BHARAT PETROLIEUM

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is preferred seeking following reliefs:

(2.) Short facts of the case are that the distribution of petroleum products i.e. M.S and H.S.D is being done by the dispensing units installed on the retail out-lets of the petitioner. The said dispensing units are owned by "Bharat Petroleum Corporation Ltd." for which rent is deducted from the commission received by the petitioner from the sale of petroleum products. A duly authorized fitter of the petroleum company is responsible for the proper functioning and maintenance of the dispensing units. The dispensing units installed on the retail out-let of the petitioner have been subjected to maintenance by the concerning fitter on various occassions. One of such inspection was carried out on 12/9/2006 by the authorized fitter and no irregularity was found with the dispensing units.

(3.) As a routine, Officers of Wight and Measure Department verify the dispensing units of each retail out-let and after verifying the machines they are sealed and stamped and, thereafter, a certificate of verification is issued as per Sec. 24 of Weights and Measures (Enforcement) Act, 1985. The dispensing unit in question was verified by the Inspector of Weights and Measures Department on 10/4/2006 and certificate to that effect was issued which was valid till 9/4/2007. In the aforesaid regard the petitioner was also maintaining a register and every inspection so done by the officers of Weights and Measures Department were noted in the said register.