GOVIND MATHUR, J. - (1.) THE petitioner, a partnership firm having a petrol pump at Jasnagar in District Nagaur, has preferred this petition for writ assailing validity of the order dt. 19.07.2007 passed by the Deputy Manager (Sales), Bharat Petroleum Corporation Ltd., Jodhpur, suspending supply of all petroleum products till further orders. The suspension of supply was made by the respondent Corporation as per a report dt. 18.7.2007 given by Shri Vijay Kumar, a representative of SGS India Private Limited.
(2.) WHILE giving challenge to the order aforesaid the argument of counsel for the petitioner is that the SGS India Private Limited is not an oil company as defined under Section 2(g) of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 (hereinafter referred to as 'the Order of 2005'). It is asserted that the SGS India Private Limited is not engaged in marketing of sale of motor spirit and high speed diesel directly to consumers or dealers in accordance with the stipulation laid down by the Central Government from time to time, thus, it is not a company duly authorised by the Central Government to make inspection of the petrol/diesel outlet of the company. Beside above, it is also urged by counsel for the petitioner that the inspection made by the representative of the SGS India Private Limited was not made as per the procedure prescribed under the marketing discipline guidelines.
(3.) IN reply to the writ petition the contention of counsel for the respondents is that the Order of 2005 is having no application in the present controversy as inspection of retail outlet under the control of the petitioner was made as per agreement with the respondent corporation which empowers agents of the Corporation to inspect and test accuracy and general working of outfit. Learned Counsel for the Corporation has pointed out certain conditions relating to covenant an agreement by the petitioner with the respondent Corporation, according to those, at all times and from time to time during currency of the licence to give adequate facilities to the company, its officers, agents and servants to inspect and test the accuracy and general working of the outfit and to investigate the conduct and management by the licensees of the outfit and to provide to the company, its officers, agents and servants all proper and necessary assistance and facilities for conducting such inspection and investigation and maintenance of the outfit shall be provided.;