1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.7135/2008 (M/s Shri Harshida Gasoline Vs. UOI & Ors.) Date of order : 12.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Dr. P.S. Bhati, for the petitioner. Heard learned counsel for the petitioner. It is submitted by learned counsel for the petitioner that only suspension order of complete operation of retail outlet has been passed vide order dated 22.8.2008 and the matter is still pending for final decision, therefore, the respondents are under obligation to decide his case in accordance with the marker testing procedure, which is filed by the petitioner as Annexure-3 dated 14.2.2008 along with the writ petition. In my opinion, the prayer of the petitioner is genuine. Therefore, the respondents are directed to finally decide the case of the petitioner with regard to sell and supply of commodities and opening of outlet of the petitioner within a period of one 2 month from the date of receipt of certified copy of this order and particularly, while deciding the matter, the minutes of meeting dated 14.2.2008 Annexure-3 to the effect that “however, if the TL1 sample passes the marker tes, check the tank lorry retention sample (TL2) for Marker. If it fails, check the corresponding supply location sample” shall also be taken into account along with the order issued by the State Government in exercise of the power conferred under Section 3 of the Essential Commodities Act, 1955 (Annexure-4) With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun