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2012 Supreme(All) 1279

[2012(7) ADJ 48 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND PANKAJ NAQVI, JJ.
SOHAN RAM ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 39403 of 2003, decided on 11th May, 2012)

Advocates:
Counsel :
Ram Niwas Singh and V.K.S. Chandel for the Petitioner; C.S.C. for the Respondents.

Headnote:Petroleum Rules, 2002—Rule 198—Criminal Procedure Code, 1973—Section 102— Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order, 2000—Rules 4 and 5—Petrol and diesel outlets—Nozzle of machines sealed—Challenge against—Whether action of respondents in sealing the petrol and diesel nozzles of dispensing units can be justified?—Power to seal the nozzles of petrol and diesel of a running pump cannot be culled out from Section 102, Cr.P.C.—Seizure can be only of the stock of product and the nozzles of petroleum and diesel pumps cannot be said to be the stock of the product—Sealing of nozzles cannot be brought within the prohibition of clause (b) of paragraph 4 of the G.O. dated 13.9.2000—Thus, impugned action of respondents in sealing the same held not justified—Once it has been established that sealing of petrol and diesel nozzles did not have the sanction of law, petitioner entitled to damages for the tortious act committed by respondents—A lump sum compensation of Rs. 1 lac allowed. [Paras 13 to 33]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble Pankaj Naqvi, J.—The petitioner has filed the present writ petition for the following reliefs :

(A) issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to open the nozzle of petrol machine of petitioner’s outlet at Thangipur Sakiya Bakiya, Police Station Mehnajpur, District Azamgarh which has been sealed by Tehsildar, Lalganj and House Station Officer, Police Station Mehnajpur, District Azamgarh on 21.8.2003.

(B) issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to pay damages of a sum of Rs. 2,88 Lacs/compensation to the petitioner which the petitioner has suffered on account of illegal action of Tehsildar Lalganj and House Station Officer, Police Station Mehnajpur, District Azamgarh by sealing nozzle of petrol and diesel machines of petitioner’s outlet and they may further be directed to pay a sum of Rs. 18,000.00 per month till nozzle of petrol machine of petitioner’s outlet is opened.

(C) issue any other appropriate writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, and

(D) Allow writ petition with cost to the petitioner.

2. The petitioner is a licencee of Indian Oil Corporation, Allahabad and is running an outlet at Thangipur popularly called Sakiya Bakiya, Mehnajpur, District Azamgarh under the name and style of Kamlamar Filling Station (for short ‘the pump’).

3. It is alleged that on 15.9.2002, some antisocial elements harassed and abused the petitioner and took away a sum of Rs. 10,000/- on pistol point, and on 13.6.2003, one Guddu son of Munni Singh resident of village Jiyapur, Police Station Mehnajpur, District Azamgarh got petrol filled in his scooter from the pump and on being asked to pay the price, he threatened the employees of the pump and inflicted injuries upon them. Thereafter, on 14.6.2003, Guddu alongwith his associate Pankaj Singh abused the employees of the petitioner at the pump and threatened them of dire consequences. The petitioner met the Collector, Azamgarh and submitted a complaint dated 14.6.2003 narrating the incident of 13.6.2003 and 14.6.2003. On 21.7.2003, Sri Chandra Shekhar Singh, Station House Officer, Police Station Mehnajpur, District Azamgarh came at about 5 pm at the pump and directed the Manager to get filled ten litres of diesel in his jeep without any payment, lest he would not provide any help. On 22.7.2003, one Mantu and Laxmi Kant came at the pump around 10 am and told the salesman to fill 30 litres of diesel in their tractor. On being asked by the salesman to first bring payment slip from the office, the said two persons assured the salesman that they would get the requisite slip, but in the meanwhile, they may fill the diesel in the tractor. On their assurance the salesman filled 30 litres diesel in the tractor. The said two persons did not pay the price of diesel. On demand, they physically assaulted the Manager - Shri Rajdeo. The petitioner went to the police station to lodge a FIR, but the same was refused and thereafter, he sent an application dated 22.7.2003 to the Commissioner, Azamgarh Division, Azamgarh and the Deputy Inspector General of Police of the region, with copy of the said application to the District Magistrate and the Senior Superintendent of Police and other authorities of the State Government through registered post on 23.7.2003. On the application filed by the petitioner, an inquiry was conducted on 20.8.2003, in which the petitioner and Rajdeo - Manager of the pump gave statements before the Circle Officer, Police Station, Lalganj, Azamgarh, wherein they apprised the authorities about the regular harassment faced by them from the anti social elements of the area and the complete inaction on the part of the Police Station Mehnajpur, District Azamgarh in nabbing the culprits.

4. It is alleged that once again on 21.8.2003, certain anti social elements of the neighbouring village came to the pu





































































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