IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWELFTH DAY OF FEBRUARY, TWO THOUSAND NINE ONLY WRIT PETITION No.17079 of 2002 Between: M/s.Swatantra Agencies, IOC Retail Outlet, Rajahmundry, East Godavari District, reptd., by its Managing Partner-Ganni Krishna. … Petitioner And Indian Oil Corporation Limited, Marketing Division, Visakha Divisional Office, Dwaraka Nagar, Visakhapatnam, reptd., by its Senior Divisional Manager. … Respondents Counsel for the petitioners: Sri V.Brahmaiah Chowdary. Counsel for the respondents: Sri Tumu Srinivas for Sri R.Raghunandan. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to set aside letter bearing No.VR/509, dated 2-9-2002 issued by the respondent. The Petitioner is a dealer of retail outlet of Indian Oil Corporation in Rajahmundry. Following the inspection of the petitioner’s outlet on 15-7-2002 and conduct of tests of the samples drawn from the said outlet, proceedings were initiated against the petitioner. After considering the explanation submitted by the petitioner to the show cause notice dated 7-8-2002 issued by the respondent, it has passed order on 2-9- 2002 whereby the respondent suspended the supply of petroleum products to the petitioner for a period of 15 days from 3-9-2002 to 17-9-2002 and imposed a fine of Rs.10,000/-. This order is questioned in this Writ Petition. A perusal of the proceedings sheet shows that on 6-9-2002 this Court, while admitting the Writ Petition, suspended the impugned order to the extent of directing to close the outlet for 15 days, subject to the petitioner depositing the sum of Rs.10,000/- imposed on it towards penalty. Having heard Sri V.Brahmaiah Chowdary, learned counsel for the petitioner, and Sri Tumu Srinivas, learned counsel representing Sri R.Raghunandan, learned counsel for the respondent, I am of the view that - in view of the fact that the petitioner has already paid the penalty part and more than 6½ years elapsed since the date of the impugned order and to balance the interest of both the parties - the Writ Petition can be disposed of by permitting the respondent to retain the sum of Rs.10,000/- deposited by the petitioner in terms of the interim order of this Court and directing it not to give effect to the order of suspension of sales, as directed in the impugned order. The Writ petition is accordingly disposed of with the above directions. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:12-2-2009 MNR