THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18182 of 2006 ORDER: This writ petition is filed seeking a mandamus declaring the action of the first respondent – M/s.Indian Oil Corporation Limited, Visakhapatnam, in not supplying petrol and diesel to the petitioner petroleum outlet, as illegal and arbitrary. Petitioner is a dealer of the first respondent for selling MS and HSD Oil. Though the license granted to it by the licensing authority was in existence and also the supply agreement was in force, when the first respondent stopped the supply of petrol and diesel to it, this writ petition was filed by the petitioner in 2006. By way of interim order, dated 01.09.2006, this Court directed the respondents to supply the commodities to the petitioner petroleum outlet and further, observed that the said order will not preclude the authorities from conducting appropriate enquiry on the allegations levelled against the petitioner. Though the writ petition is of 2006, there is no counter-affidavit filed on behalf of the second respondent – District Collector, East Godavari District, Kakinada, but the first respondent has filed counter- affidavit. In the said counter-affidavit, while denying various allegations of the petitioner, it is stated that the tanker truck belonging to the petitioner had been apprehended by the Tahsildar/Vigilance Officials while unloading the product unauthorizedly into the underground tank at the retail outlet of M/s.Sri Varaha Lakshmi Narasimha Swamy Agencies at Kakinada. It refers to the show cause notice issued to the petitioner with reference to the above said incident on 29.08.2006. It is stated that the petitioner was yet to respond to the said show cause notice. If there is any violation of conditions of agreement, it is always open to the respondents to take action as per the terms of the agreement and marketing guidelines. As this Court by way of interim order, kept open to the respondents to proceed with the enquiry on the allegations levelled against the petitioner, I deem it appropriate to direct the respondents to supply the petrol and diesel to the petitioner petroleum outlet so long as it holds valid supply agreement with the first respondent. It is made clear that if there are any allegations against the petitioner for unauthorized unloading of petrol and diesel, this will not preclude the respondents from passing appropriate final orders in the matter, in accordance with law. The Writ Petition is disposed of with the directions referred to above. No order as to costs. ______________________ R.SUBHASH REDDY, J 11th OCTOBER, 2011. kvni