- (1.) Verification of vertical storage tanks and flow meters installed at the depots of the petitioner in terms of the provisions of The Standards of Weights & Measurement (Enforcement) Act, 1985 (for short 'Act') is in question in this writ petition.
(2.) The undisputed facts of the case are: Hindustan Petroleum Corporation, the petitioner, a company registered under the Companies Act, 1956 is engaged in manufacture, distribution, sale and marketing of petroleum products such as petrol, diesel etc. The petitioner has its refineries at Mumbai and Vishakhapatnam and has a wide network of depots, terminals, L.P.G. bottling plants etc. One of the terminal of the petitioner is located at Karari, District-Jhansi, Uttar Pradesh for storage of motor spirit, high speed diesel and other allied products. The depots including one at Karari have storage facilities consisting of large capacity tanks for storing petroleum and its allied products, which are transported through pipelines and/or by tank wagons or tank lorries. After storing petroleum and its allied products at its depots, the petitioner transports the same as per demand throughout the State of Uttar Pradesh to its various retail outlets, for distribution to the consumers by tank lorries either owned by the petitioner or engaged by it on contract.
(3.) In December, 2001 the petitioner was served with an undated notice no. 309 issued by the Senior Inspector, Weights and Measure Department, Jhansi under Section 28 of the Act requiring the petitioner to get the storage tank and flow meter installed at its Karari depot verified by the Weights and Measures Department.;