D.G.R. Patnaik, J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application, has prayed for an appropriate writ for quashing the order dated 22.09.2007 (Annexure -18) passed by the Regional Manager (Retail), Hindustan Petroleum Corporation Limited, Tatanagar, whereby the order dated 1.11.2006 terminating the retail dealership agreement dated 30.7.2004 entered into by and between the petitioner and the respondent Corporation, was confirmed and the petitioner's prayer for restoration of dealership, was rejected along with a direction to the petitioner to hand over the dealership to the HPCL including the retail outlet premises to the concerned Sales Officer of the HPCL. Facts of the petitioner's case in brief is as follows: The petitioner was offered retail outlet dealership of Hindustan Petroleum Corporation Limited and a dealership agreement was entered into with the petitioner on 30.07.2004 (Annexure -3) on the terms and conditions mentioned in the agreement. The petitioner was appointed as dealer in High Speed Diesel Oil/Petrol and Lubricants at the retail outlet.
(3.) A random inspection was made at the petitioner's retail outlet (petrol pump) by the Manager (Quality Control), Eastern Zone, HPCL on 20.6.2006. The inspection was carried out in presence of the petitioner's representative and a report of inspection was prepared. Signature of the petitioner's representative was obtained on the report and a copy of the report was given to him by the inspecting team, it is stated that in course of inspection, following irregularities were detected. a. The ULP dispensing Unit was found delivering short by 80 ml. in 5 litres measure and the Weights and Measures seal on the totaliser of the same unit was found tampered. b. The tank lorry retention sample (for last 2 receipts of all products) was not made available to the Inspecting Officer at the time of inspection.;