IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 11654 of 2000 Between: M/s. Balanagar Service Station, A Registered Partnership Firm, Rep. by Working Partner, Gowri Shanker, S/o. Sagar Mal, R/o. 21- 7-320, Charkaman, Hyderabad. Running retail outlet in Petroleum Products of Bharat Petrol Corporation Limited. ... PETITIONER AND Bharat Petroleum Corporation Limited, Rep. by Territory Manager, Cherlapalli, Post Bag No. 4, Hyderabad 500 051. A Wholly owned company of Government of India ...RESPONDENT 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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent in directing stoppage of sales and supplies to the petitioner and issuance of show cause notice to the petitioner alleging variation of stocks as illegal and void and pass such other order or orders. Counsel for the Petitioner: MR.DEEPAK MISRA Counsel for the Respondent: MR.G.S.R.ANJANEYALU MR. O. MANOHER REDDY The Court made the following: ORDER: Petitioner-firm questions the show cause notice dated 01.06.2000 issued by the respondent calling upon it to submit an explanation as to why appropriate action shall not be taken against it for stock variation of 514 liters of Motor Spirit (MS) and an abnormal loss of 422 liters in HSD and as it was found that MS was stored in 7 barrels at the retail outlet. The petitioner-firm also questions the office order and the inspection report directing stoppage of sales and supplies to its retail outlet. 2. This Court while admitting the writ petition on 04.07.2000 granted interim suspension of the order dated 31.05.2000 directing stoppage of sales and supplies to the petitioner outlet and consequential show cause notice dated 01.06.2000 pending disposal of the writ petition. 3. The petitioner-firm has been carrying on the business without any interruption with regard to the sales and supplies of MS and HSD, therefore, I am of the opinion that it is just and proper to permit the petitioner to continue the business as usual till the final orders are passed pursuant to the show cause notice after giving reasonable opportunity to the petitioner. 4. Having regard to the facts and circumstances of the case, the petitioner is permitted to submit an explanation to the show cause notice dated 01.06.2000 within two weeks from the date of receipt of a copy of this order and on filing such an explanation, until appropriate orders are passed giving reasonable opportunity to the petitioner, the interim order passed by this Court shall continue. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 9, 2008 DSK