JUDGMENT :

ALOK MATHUR, J.

1. Heard Ms. Shreya Gupta, learned counsel for the petitioner as well as Sri Rakesh Kumar for the respondents.

2. The petitioner has approached this Court being aggrieved by the order dated 21.9.2020 passed by Area Manager Retail Sales, Mathura-I, Indian Oil Corporation Limited thereby stopping the sales from their dispensing units until further orders. The petitioner has also assailed the order dated 5.10.2021 passed by Divisional Retail Sales Head, Agra Division Office, Marketing Division, Indian Oil Corporation Limited (Marketing Division), Agra thereby terminating the retail outlet dealership of the petitioner.

3. The petitioner being aggrieved by the order of cancellation of his retail outlet dealership had preferred an appeal which has also been rejected by means of impugned order dated 7.4.2022 passed by Executive Director (Retail Sales-N & E)/Appellate Authority, Indian Oil Corporation Limited, Head Office, Mumbai.

4. It has been submitted that the petitioner was appointed as a dealer in terms of petrol/HSD Pump Dealer Agreement dated 11.4.2021 executed between the petitioner and Indian Oil Corporation. They were further granted a license for carrying on business in the name and style of M/s Modern Service Station situated at Yamunapar, Laxmi Nagar, Mathura. It is stated that since 11.4.2021 the petitioner has been conducting the sales from the outlet in accordance with the terms and conditions of the agreement as well as Marketing Discipline Guidelines and there has never been grievance from any corner or any allegation against the petitioner with regard to their retail dealership.

5. It has further been submitted that the petitioner's retail outlet has two Dispensing Units manufactured by M/s Gilbarco Veeder Root (hereinafter referred to as M/s GVR). One of these two dispensing units is old and the second unit of High Speed Diesel (HSD) was procured from some other retail outlet by the respondent and was installed at the petitioner's retail outlet in 2019. Both the units are being maintained/inspected by engineers from M/s GVR and concerned government authorities and officers of the respondent corporation.

6. It is further submitted that the dispensing units require regular periodic stamping by Weights and Measures Department which were regularly done and the last stamping of the unit was done on 23.3.2019 by Weights and Measures Department and M/s. Gilbarco Veeder Root. Whenever there was any problem in running the two dispensing units the complaints were lodged by the petitioner which were expeditiously looked into by M/s GVR and the said units were lastly inspected on 14.1.2020 by the officers of the respondent-corporation and it was reported that all the seals are intact and no variation was found in the stocks.

7. It is stated that prior to cancelling the stamping of the dispensing unit certain amounts have to be deposited by the petitioner and accordingly the said amounts were deposited by the petitioner on 13.3.2020 and re-stamping was due but owing to COVID 19 conditions and lock-down the said stamping was extended till 30.9.2020.

8. It is stated that as their stamping of the dispensing units was due and the Area Manager, Retail Sales, Mathura-I visited the pump of the petitioner and orally asked them not to dispense the oil as their re-stamping was pending and accordingly on the basis of oral orders, they stopped the sales from 15.9.2020 on-wards. It has further been submitted that on 16.9.2020 the authorized service engineer of M/s Gilbarco Veeder Root by the name of Mr. Girendra, who was authorized representative of the respondent corporation, visited the retail outlet and was handed over the keys of both the dispensing units for the purpose of up-gradation of the software but he noticed certain defects in the mother board and he handed over the report which has been annexed along with the writ petition. According to the said report the seal was broken for the purpose of checking of the m