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2019 Supreme(All) 2672

PANKAJ MITHAL, YOGENDRA KUMAR SRIVASTAVA
Vishnu Kumar – Appellant
Versus
State of U P – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ankit Agarval

JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Counter affidavit filed on behalf of the third respondent by the learned Additional Chief Standing Counsel is taken on record.

2. Counsel for the petitioner waives his right to file a rejoinder affidavit.

3. As jointly agreed by counsel for the parties the writ petition is taken up for disposal as per the Rules of the Court.

4. Heard Sri Ankit Agarwal, learned counsel for the petitioner and Sri Pranav Ojha, learned Additional Chief Standing Counsel appearing for the State respondents.

5. The present petition has been filed seeking quashing of a sealing order which is stated to be undated and in pursuance of which the bio-diesel retail centre of the petitioner has been sealed. A further prayer has been made for a direction to the respondent to open the seal of the retail centre of the petitioner and not to interfere in its functioning.

6. The facts as pleaded in the writ petition are that the petitioner is engaged in the business of retail sale of bio-diesel since the year 2017 and since bio-diesel is not a petroleum product no clearance of any sort is required for its storage and handling. It has been stated that the officials of the District Su

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