RAJESH SHANKAR, J. - (1.) The present writ petition has been filed for quashing the order dated 12.03.2007 issued under the seal and signature of the Sales Officer of the respondents-company in terms of which the sale and supply license of the petitioner was suspended on the basis of marker test report. Further prayer has been made for issuance of direction upon the respondents to provide marker kit to the petitioner so as to enable it to conduct test on the petroleum products and samples which are received in the retail outlet of the petitioner from the depot of the respondents-company through different transport agencies.
(2.) During the pendency of the present writ petition, the respondents terminated the dealership of the petitioner vide order dated 23.07.2007 which was challenged by way of filing I.A. No. 3245 of 2007 and the same was allowed vide order dated 26.08.2008 and the said interlocutory application was treated as part of the main writ petition.
(3.) Learned counsel for the petitioner submits that the petitioner was having a retail outlet of the respondent company since 2002. As per the Marketing Discipline Guidelines 2005, the retail outlets have been cast a duty to check the density of the product at the time of decanting which are received by them from the tank lorry carrying the product from the company depot. It is further submitted that the Marketing Discipline Guidelines was amended w.e.f. 15.02.2007 wherein it was provided that 'marker test' has to be conducted on the samples drawn from all the tanks. In the case of 'marker test' failing on any of the samples drawn from all the retail outlet, the corresponding T.T. samples retained by the dealer would also be tested for presence of marker. However, in spite of repeated request of the Jharkhand Petroleum Pump Dealers Association, the marker kit was not made available to the dealers. It is also submitted by learned counsel for the petitioner that on the occasion of Holi, some anti social elements raided the retail outlet of the petitioner and took away the T.T. Samples and the said incident was also reported to the concerned police station on 05.03.2007. The petitioner continued to maintain the density chart of the products as per the Marketing Discipline Guidelines 2005 and on 12.03.2007, the density was recorded as 840.6 kg./m3. which was within the permissible limit. However, on 12.03.2007 itself, the representative of M/s. S.G.S. Agency visited the retail outlet of the petitioner and conducted 'marker test' of the samples collected from the retail outlet and prepared the test report, but the same was not signed by any employee of the petitioner, because the site manager was not present at that time. On the basis of the report, the respondent no. 5 passed an order contained in Ref. No. Sk/Marker/Shrestha dated 12.03.2007 suspending the supply license of petitioner with immediate effect. Thereafter a show cause notice was issued to the petitioner on 17.03.2007 which was replied by it on 23.03.2007. However, since no order was passed, the present writ petition was filed. Subsequently, the General Manger of the respondent company vide order dated 23.07.2007 terminated the retail outlet dealership license of the petitioner which is also challenged by the petitioner in the present writ petition.;