RAMESH KEJRIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Instead of taking up the stay petition by consent of the parties, we take up the appeal. This appeal is directed against an order and/or judgment dated 26th August 2009 whereby the Hon'ble Single Judge considered the issue with regard to the authority of the respondent No. 7, as an agent of the respondent corporation, to collect samples of motor spirit and high speed diesel from the retail outlet of the petitioners for marker test. Relying on a decision of Tarun Kr. Halder and Ors. vs. State of West Bengal,2009 2 CalHN 689 His Lordship held that the point of law involved in the writ Petition being W.P. No. 1606 (W) of 2008 has already been decided in favour of the respondent corporation in the said decision and His Lordship was pleased to dismiss the writ Petition.

(2.) Being aggrieved this appeal has been preferred by the writ petitioner.

(3.) The facts of the case briefly are as follows:-