- (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:- On 4th March, 1999, the writ petitioners entered into an agreement with the Bharat Petroleum Corporation Limited (hereinafter referred to as 'BPCL') for the purpose of running a retail outlet (commonly known as Petrol Pump). The writ petitioners obtained a licence under West Bengal Motor Spirit and High Speed Diesel (Licensing and Regulation of Supply) Order, 2000 for the said business. The writ petitioners as 'dealer' are governed by the provisions of the Essential Commodities Act, 1955 and the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005.;