ORDER :

(Surya Prakash Kesarwani, J.)

1. Heard Sri Anil Kumar Sharma, learned Senior Advocate assisted by Sri Devi Shanker Shukla, Sri Pramod Kumar Rai, Sri Anand Tiwari, Sri Rakesh Kumar and Sri Komal Mehrotra, learned Counsel for the petitioners, and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Pankaj Rai, B.B. Pandey and Suresh Singh, learned Additional Chief Standing Counsel for the State-respondents.

2. With the consent of learned counsels for the parties, the WRIT - C No. - 52674 of 2016 is treated as leading writ petition. However, relief sought in each of the writ petitions in this bunch of cases are briefly noted below.

WRIT - C No. - 33571 of 2018

3. In this writ petition, the notices dated 25.09.2018 and 29.09.2018 issued by the Senior Inspector, Legal Metrology Meerut, requiring the petitioner to get verification of storage tanks and flow meters, has been challenged.

WRIT - C No. - 52674 of 2016

4. In leading Writ - C No. - 52674 of 2016, the petitioners have prayed to quash the order dated 14.10.2013 demanding fee @ Rs.20,000/- per storage tank, stamping fee @ Rs.1,50,000/- per storage tank and late fees @ Rs.1,30,000/- per storage tank. By the impugned notice dated 16.12.2013, the Senior Inspector, Legal Metrology, Mughalsarai, Chandauli required the petitioners to deposit the arrears for certain period alongwith late fees. The petitioners have also prayed to quash the appellate order dated 23.08.2016, passed by the Controller of Legal Metrology Department, U.P., Lucknow dated 23.08.2016 whereby the appeal of the petitioners have been dismissed. Apart from above, the petitioners have also challenged the validity of Rule 17(3) of Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011. (hereinafter referred to as the U.P. Rules, 2011)

Writ - C Nos. -54682 of 2016, 54685 of 2016, 54687 of 2016, 57179 of 2016, 57180 of 2016, 57203 of 2016, 57208 of 2016, 57210 of 2016, 57766 of 2016, and Writ - C 61624 of 2016

5. In the above noted writ petitions the relief prayed is similar to the relief as prayed in Writ C No.52674 of 2016.

WRIT - C No. - 32799 of 2018

6. In Writ C 32799 of 2018, Seizure Memo date 24.09.2018 and notices dated 03.08.2018 and 15.09.2018 have been challenged apart from challenging the validity of the aforesaid Rules 17(3).

7. The relief sought in Writ C No.52674 of 2016 is reproduced below:

“(a) a writ, order or direction in the nature of certiorari quashing the order dated 23.8.2016 passed by the Controller, Legal Metrology Department, U.P, Lucknow, respondent no. 2 (Annexure-29 to the writ petition);

(b) a writ, order or direction in the nature of certiorari quashing the notices/orders dated 14.10.13 and 16.12.13 issued by respondent no.4 (Annexure-17 & 20 to the writ petition)

(c) a writ, order or direction in the nature of mandamus directing the respondents not to insist the petitioners- corporation for calibration of vertical storage tanks installed in the depot at Mughalsarai;

(d) a writ, order or direction in the nature of mandamus directing the respondents not to charge any penalty for non-calibration of storage tanks situated at the depot of the corporation;

(e) a writ, order or direction in the nature of mandamus declaring the provisions or additional fees as null, void, inoperative and unconstitutional as provided under Rule 17(3) of Uttar Pradesh Legal Metrology (Enforcement), Rules, 2011;

(f) any other writ, order or direction as this Hon'ble court may deem fit and proper in the Circumstances of the case; and

(g) award cost of the petition to be paid to the petitioners.”

FACTS:-

8. Since factual and legal position in this batch of writ petitions are similar, therefore, we proceed to note the facts of leading writ petition i.e. Writ C No.52674 of 2016, as under :

(a) The petitioners have storage tanks to store their petroleum products received from various refineries