JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order of the Division Bench of the Gauhati High Court passed in writ appeal on 20th February, 2018 maintaining an order of the Single Bench of the High Court whereby termination of dealership of respondent No. 1[for short, ‘dealer’] for violation of Marketing Discipline Guidelines, 2012[for short, ‘Guidelines’] was set aside.

2. The dealer was granted retail dealership for sale of motor spirit (petrol), High Speed Diesel, motor oil and grease as a physical disabled person on a depot located at Ghograpar, National Highway -31 in the District of Nalbari, Assam. The sale and supply from the retail outlet of the dealer was suspended by the appellants on 6th May, 2013 when it was found, on the joint inspection, variation of stock of High Speed Diesel beyond permissible limit; density of Tank No. 2 was not available and that tanker truck retention of the corresponding tank was not available at the time of inspection. The appellant had drawn three samples from Tank No. 2. One sample was sent for testing, another