SOPANRAO LAXMANRAO MHASKE Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Mrs. A. B. Dube, learned Counsel accepts notice on behalf of respondent No. 2. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission.

(2.) The present petition filed by the petitioners under Articles 14, 19, 21, 300-A, read with 226 of the Constitution of India seeking writ of certiorari or any other appropriate writ, order or direction for quashing and setting aside the entire action initiated by respondent No. 2 on the basis of inspection carried out on 22-6-2007.

(3.) It is the case of the petitioners that they entered into agreement dated 2-7-1983 with respondent No. 2. By the said agreement, respondent No. 2 appointed the petitioners as their dealer for the retail sale or supply of petrol / diesel / motor oils / Greases and such other products as may be specified by respondent No. 2 from time to time. It is specifically stated in the agreement that the said agreement will remain in force for 15 years from 4-7-1983. It is the case of the petitioners that on or about 22-6-2007 the Officers of respondent No. 2 visited the petrol pump of the petitioners situated at Bhabaleshwar, Tal. Rahata, District Ahmednagar and carried out the inspection. At the time of carrying out inspections, Officers of respondent No. 2 have taken samples of the petrol i.e. Motor Spirit and High Speed Diesel. Thereafter, respondent No. 2 by their letter dated 26-6-2007 called upon the petitioners to explain the irregularities found by respondent No. 2's Officers at the time of inspection and as per result of the inspection. In the said letter dated 26-6-2007 respondent No. 2 pointed out to the petitioners that they found variation beyond permissible limits for MS and HSD, totaliser seals found tampered with, MS sample failed in density, non provision of Free Air and Non maintenance of Stock / Sales records. Therefore, respondent No. 2 called upon the petitioners to submit their explanation in respect of these irregularities within seven days of the receipt of the said letter. It is the case of the petitioners that without giving any opportunity to explain the irregularities as pointed out by respondent No. 2 by their letter dated 26-6-2007, they issued show cause notice towards irregularities detected during the inspection of the petitioners' retail outlet on 22-6-2007 by letter dated 2-8-2007. It is submitted by the petitioners that in the said show cause it is stated that the petitioners' retail outlet has failed to meet the specifications in the following parameters :