M.N. Bhandari, J. - (1.) WITH consent of the parties, writ petition is heard finally.
(2.) BY this writ petition, challenge is made to the show cause notice dated 26.6.2013 so as the letter dated 19.9.2012 and another show cause notice dated 19.2.2013. A further prayer is made to direct the respondents to resume supply to the retail outlet of the petitioner. Learned counsel for petitioner submits that on 19.9.2012, an inspection was conducted by the respondents where they found variation in the stock. The petitioner was not available on the date of inspection as his father was suffering from ailment thus he was in Ahmedabad for their treatment. Immediately after knowing about the inspection and stoppage of supply of petroleum products vide letter dated 19.9.2012, petitioner tried to approach the respondents, rather, sent a notice to cause inspection again. It was only after a period of two days from the date of inspection. The respondents did not respond to the request made by the petitioner. In the meanwhile, sample collected by the respondents was sent for analysis. The petitioner asked the respondents to inform about the result of analysis of the sample taken at the time of inspection but the aforesaid was also not replied. The petitioner was trying hard to find out the outcome of the analysis report as the supply of the petroleum products was stopped by the respondents since 19.9.2012 itself.
(3.) THE respondents thereafter issued a show cause notice on 19.2.2013 in reference to Marketing Discipline Guidelines (for short 'MDG'). The petitioner gave a detailed reply to the aforesaid. It was necessary for the respondents to notice that there was change in the Guidelines as the Government of India, Ministry of Petroleum has issued fresh Guidelines making it effective since 8.1.2013. The action against the petitioner was initiated subsequent to issuance of new Guidelines thus petitioner's case should be governed by the new Guidelines and not by the Guidelines already repealed. The respondents did not take care of the aforesaid, rather issued a show cause notice for termination of the dealership on 26.6.2013. The notice for termination of dealership was served upon the petitioner along with reply to the writ petition. The petitioner accordingly amended the writ petition.;