ORDER :

1. The petitioner herein seeks a writ of Mandamus declaring the indefinite seizure of the petitioner petrol and diesel dispensing unit since 05.09.2020 as illegal, arbitrary, unconstitutional, without jurisdiction and violative of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the said seizure.

2. Heard Sri P. Shashi Kiran, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, learned Government Pleader for Civil Supplies appearing for respondent No. 4, Sri Dominic Fernandez, learned Standing Counsel for Indian Oil Corporation Limited, for respondent Nos.5 to 7 and perused the record.

3. Learned counsel for the petitioner would submit that vide appointment letter, dated 28.02.2017, the petitioner was offered dealership of Petrol (Motor Spirit)/High Speed Diesel Oil Retail outlet in the name and style of ‘M/s. Sri Datta Sai Kisan Seva Kendra’ at Mootakondur Village and Mandal, Nalgonda District. While so, the police, Nandigama, registered FIR No. 195 of 2020 against some persons for using fraudulent weight, possession of false weight and cheating the general public in dispensing fuel in some retail outlets. Basing on the confessional statements made by the accused in that crime, the respondent police formed a SOT (Special Officers Team) for investigating into the irregularities at several petrol pumps across the State. The officials of SOT conducted a surprise check at the petitioner’s unit on 05.09.2020 and seized the petitioner’s unit alleging certain irregularities, which is illegal and arbitrary. No notice was issued to the petitioner before seizing his unit. The petitioner did not commit any offence as alleged. The seizure is not informed to the concerned jurisdictional Magistrate as required under Section 102(3) of Cr.P.C. Under the guise of seizure, the petitioner cannot be restrained from doing his business for an indefinite period. Due to the said seizure, the petitioner and its employees are put to mental agony besides financial loss and ultimately prayed to allow the writ petition as prayed for.

4. Respondent No. 3/Station House Officer, Nandigama Police Station, filed counter. It is contended on behalf of respondent No. 3 that a crime in Crime No. 195 of 2020 was registered against some dealers of retail units for commission of certain irregularities in petrol pumps. A surprise inspection was conducted by the SOT officials at the petitioner’s unit on 05.09.2020 and it was found that the petitioner committed certain irregularities in selling fuel. Investigation is in progress. It cannot be said that the petitioner is innocent of the alleged offences. Further, the seizure has been reported to the concerned jurisdictional Magistrate. Further, the petitioner has an efficacious alternative remedy under Section 451 of Cr.P.C. Disputed questions of fact are involved in this matter, which cannot be adjudicated in this writ petition filed under Article 226 of the Constitution of India. The SOT officials followed the requisite procedure in seizing the petitioner’s unit. The petitioner, instead of cooperating with the investigation, filed this writ petition and ultimately prayed to dismiss the writ petition.

5. Respondent Nos.5 to 7/Indian Oil Corporation Limited also filed counter. It is contended on their behalf that the Corporation came to know through news agencies that the SOT officials conducted a surprise inspection at the petitioner’s unit and found suspicious additional fittings to the dispensing units and confiscated the Mother Board (Control Card)/suspicious additional fittings. However, the Corporation did not receive any official communication from the authorities concerned. Though the Corporation addressed a letter, dated 11.01.2021, to the District Collector, no reply has been received yet.

6. I have considered the rival contentions. The main grievance of the petitioner is that since the seizure of his retail petro