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2009 Supreme(AP) 924

L.NARASIMHA REDDY
VLG Mallesham & Company, Karimnagar – Appellant
Versus
Indian Oil Corporation Limited Rep. By Its Manager, Hyderabad – Respondent


ADVOCATES APPEARED:
For the Petitioner:V. Sree Ranga Rao, Advocate.
For the Respondents:R1 & R2 - M. Ravindranath Reddy, S.C. For IOCL, R3 - Thoom Srinivas, Advocates.

JUDGMENT :

1. The petitioner is a dealer of the 1st respondent-Corporation in petroleum products for the past 3½ decades. It has established a petroleum outlet at Peddapally, Karimnagar District. The dispensing unit was inspected on 22.10.2005 by the officials of the 1st respondent and samples of motor spirit were drawn. The analysis thereof at the laboratory disclosed that the samples did not accord with the standard specifications. The petitioner was issued a show cause notice dated 19.11.2005 directing him to explain as to why necessary penal action be not taken against him. The petitioner submitted a reply on 29.11.2005 with a request to send the sample left with it, for analysis. Complaining that the request was not acceded to, the petitioner filed W.P.No.27033 of 2005. The writ petition was disposed of with certain observations and in particular directing the petitioner to express its willingness to get the sample left with it analyzed.

2. Through their letter dated 04.01.2006, the respondents informed the petitioner that its request to send the samples left with it for analysis cannot be acceded to, on the ground that though the seals were found intact, one of the inner alumi


















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