JANAK RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the petitioner and the counsel appearing for the Indian Oil Corporation.

(2.) PETITIONER was running a retail outlet for selling petrol and diesel in the name and style of M/s Chanda Automobile, Narayanpur Anant, Muzaffarpur. Initially this application was filed for a direction to the respondents authorities of Indian Oil Corporation to remove the seal of Dv Tank and metre reading of the petrol pump of the petitioner, which was sealed on 11.3.2006 after holding some enquiry. In the enquiry it was found that the petroleum product failed to meet the specifications as per the Marketing Guidelines as well as the guidelines of the Corporation.

(3.) DURING the pendency of this application I.A. No. 1869 of 2007 was filed by the petitioner stating that the dealership license of the petitioner has been terminated. The petitioner has challenged the termination order mainly on the ground that the provisions under the Marketing Guidelines have not been duly observed by the respondents while terminating the dealership license of the petitioner. One of the ground for challenging termination order is non -observance of Clause 2.4.4 of the Guidelines which relates to the drawal of samples by mobile laboratories. It has also been stated that as per the Guidelines the samples which are taken for test should reach to the respective test laboratory within ten days of the collection of the samples. The test lab report has been annexed as Annexure -1 to the supplementary affidavit in order to show that the samples was drawn on 20.1.2006 it reached test lab on 9.3.2006 and the report was submitted on 11.3.2006. It has been submitted by the petitioner 'scounsel that there is clear violation of the Marketing Guidelines as such the order cancelling license for running retail outlet need to be quashed.