S.B. CIVIL WRIT PETITION NO.628/2008 (M/s Ajaria Filling Station Vs. U.O.I. & Ors.) Date of order :: 25.1.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Rajesh Shah, for the petitioner. Heard learned counsel for the petitioner. By way of filing the present writ petition, the petitioner prayed for a writ, order or direction that the letter dated 10.01.2008 (Annexure-5) whereby the retail outlet of the petitioner has been closed be declared illegal and be quashed with all consequential directions and the respondents may be directed to supply petroleum products regularly to the petitioner in accordance with the terms and conditions of the dealership. The main contention of the petitioner is that without any authority of law her retail outlet which was sanctioned by the respondents was inspected and samples were drawn and tested by unauthorised persons and a report was obtained. Upon that report the retail outlet of the petitioner was seized. The contention of the petitioner is that respondents may be directed to take fresh sample and send for examination to some other laboratories than the laboratory of respondent-Indian Oil Corporation Limited and if the samples are declared failed in the said examination by the independent laboratory, then the action may be taken against the petitioner because without any authority of law her retail outlet was inspected and SGS report of HSD sample has been declared failed. I have perused the entire pleadings of the writ petition as well as the documents. Still the dealership-agreement of retail outlet sanctioned in favour of the petitioner is not cancelled by the Indian Oil Corporation Limited, therefore, it is not proper to interfere in this matter at this stage. However, the petitioner is hereby granted liberty to send the copy of the writ petition as well as to make a fresh representation before the respondent No.2 within a period of 15 days. Upon receiving the said representation and copy of the writ petition, the respondent No.2 is directed to decide the said representation of the petitioner by way of passing speaking order after considering all the grounds taken by the petitioner and providing opportunity of hearing to the petitioner. The respondent No.2 is directed to decide the said representation within a period of 15 days from the receipt of copy of writ petition and the representation. With these directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-