IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.7625 of 2009 Between: Sree Venkata Lakshmi Transport, MIG-1-194 Gullapalem colony, Malkapuram, Visakhapatnam-II, rep.by its Proprietor M.V.Raghava Rao, S/o.Audinarayana aged about 52 years ..... PETITIONER AND 1 Hindustan Petroleum Corporation Ltd., 9-1-130/131/1, Sarojinidevi Road, Begumpet Police Lines,Secunderabad Hyderabad-3, rep.by its Divsiional General Manager 2 The Chief General Manager, Visakha Regional office Petronilayam,Visakhapatnam-3 3 Senior Installation Manager,Malkapuram Terminal Hindustan Petroleum Corporation Ltd., Visakhapatnam .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ direction order or orders declaring the action of the respondents in branding the 17 KV of Furnace Oil in the Truck Tanker bearing Regd.No.AP 31 W 9295 as having more water content without testing the samples as prescribed under section-20 of the Petroleum Act as arbitrary, illegal, without jurisdiction and void and consequently direct the respondents 2 and 3 to get the samples drawn from the 4th compartments of the Truck Tanker bearing Regd.No.AP 31 W 9295 in the presence of the petitioner representative and the test the same in his presence in any other Lab of other Oil corporations or a Private Lab and act as per results. Counsel for the Petitioner: MR.M.P.CHANDRAMOULI Counsel for the Respondents: M.RAVINDRANATH REDDY(SC FOR HPCL) The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.7625 of 2009 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in branding the 17 KV of Furnace Oil in the Truck Tanker bearing Regd.No.AP 31 W 9295 as having more water content, without testing the samples as prescribed under Section 20 of the Petroleum Act, as arbitrary and illegal, and consequently direct the respondents 2 and 3 to get the samples drawn from the 4th compartment of the said Truck Tanker in the presence of the petitioner’s representative and test the same in his presence in any other Lab of other Oil Corporations or a private lab and act as per the results. When the matter came up for hearing, learned counsel on either side submitted that, earlier, in similar circumstances, a writ petition, being W.P.No.23041 of 2008, was filed before this Court and the same was disposed of on 11.12.2008, as under: “Be that as it may, in the peculiar facts and circumstances of the case, the respondents are directed to take the fresh samples, since the tanker and the oil therein are in the custody of the respondents as of now, furnish two such samples to the petitioner and conduct the standard test in the presence of the petitioner, within a period of three weeks from the date of receipt o a copy of this order. The petitioner may also be permitted to send the samples, for test, to an independent agency, if he so chooses.” Learned counsel on either side agreed to dispose of the writ petition with the aforesaid directions. Accordingly, this writ petition is disposed of in terms of the order dated 11.12.2008 passed in W.P.No.23041 of 2008. No order as to costs. _________________ JUSTICE C.V. RAMULU 15th April, 2009. IBL