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2008 Supreme(AP) 787

V.V.S.RAO
Premodaya – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent


Advocates appeared:
Counsel for the Petitioner: SRI P.KAMLAKAR
Counsel For Respondents: Sri O. Mahohar Reddy

ORDER:

1. The petitioner is a firm having Dealership Agreement - cum - Dispensing Pump and Selling Licence (DPSL), dated 08.08.1998, with the respondent, namely, Bharat Petroleum Corporation Limited (BPCL). The firm filed the writ petition assailing the order of the Territory Manager (Retail), BPCL, suspending the sales and supplies of all petroleum products at petitioner's retail outlet for a period of 30 days and imposing a fine of Rs.20,000/-. The petitioner seeks a writ of mandamus declaring the impugned order as illegal and void.

2. The firm is running a retail outlet in the name and style of M/s. Premodaya at Buchireddypalem, Nellore District. It obtained Form - B licence from the Joint Collector, Nellore, under the provisions of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (State Control Order, for brevity). On 19.01.2000 the Senior Sales Officer (Retail), Nellore, of the respondent company visited the petitioner's outlet. He took samples of Motor Spirit (MS) (petrol) from the dispensing unit and handed over a copy of the inspection report to an employee of the petitioner. The petitioner alleged that no contravention of the State C










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