TARUN AGARWALA,J. - (1.) Heard Sri Kaushal Yadav, the learned counsel for the petitioner along with Sri Rupak Chaubey, Advocate and the learned Standing Counsel for the State.
(2.) The petitioner has a retail outlet of Indian Oil Corporation and is selling petroleum products since 2005 in the name of M/s K.C.Kisan Sewa Kendra, Mainpuri. On 03.01.2017, the petitioner was granted a licence of dealership for sale of High Speed Diesel Oil under the U.P.High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (hereinafter referred to as the Order of 1981).
(3.) It appears that the newspapers started reporting short supply of petroleum products from various petroleum outlets in the district of Lucknow alleging use of an electronic chip. Serious cognizance was taken by the State Government and, the Chief Secretary, issued an order dated 02.05.2017, followed by another order dated 15.06.2017, directing constitution of a Special Investigation Team for inspection of various retail outlets in the State of Uttar Pradesh. A specific direction was given that in the event any malpractice was found in the distribution of any petroleum products, in such case action would be taken against the owner of the retail outlet. Based on the said direction of the State Government, an inspection was made by the Special Investigation Team at the retail outlet of the petitioner on 02.05.2017. The petitioner contends that in the inspection report it was found that there was shortfall of 30 ml of petrol while dispensing 05 litres from the dispensing unit, even though the seal was found intact. The petitioner further contends that there was no shortfall in the dispensation of the diesel from the dispensing unit. The Special Investigation Team on account of the shortfall of 30 ml while dispensing 05 litres from the dispensing unit sealed the dispensing unit from which the alleged petrol was dispensed. The petitioner pursuant to the sealing of its dispensing unit made a representation on 06.06.2017 for recalibration. The petitioner thereafter made a representation to the District Magistrate on 30.06.2017 for desealing of the dispensing unit. No action was taken by the authorities and on the other hand, a first information report was lodged against the petitioner on 03.07.2017 for the alleged malpractice pursuant to the inspection report.;