IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 28919 of 2008 Between: Madhu Filling Staion, HPCL Dealer, Lakshmipuram Village, Kruthivennu Mandal, Krishna District rep. by its Licensee: R.Madhu Babu. ..... PETITIONER AND 1 The Joint Collector (Civil Supplies Wing) Krishna District. 2 The Senior Divisional Retail Sales Manager, Hindustan Petroleum Corporation Ltd., Regional Office, Kattubadipalem, Kondapally, Vijayawada, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in suspendint the sales of HSD and MS in the outlet of the petitioner by putting seals to the under ground tanks of the outlet on 02.12.2008 as illegal, arbitrary and without jurisdiction and consequently direct the respondents to shift the seized stock from the under ground tanks to another place so as to enable the petitioner to carry on its regular business. Counsel for the Petitioner: MR.B.DEVANAND Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 28919 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of 2nd respondent in suspending the sales of HSD and MS in the outlet of the petitioner, by putting seals to the underground tanks of outlet on 2.12.2008, as arbitrary, illegal and without jurisdiction; consequently, to direct the respondents to shift the seized stock from the underground tanks to another place so as to enable the petitioner to carry on its regular business. It appears, the petitioner is engaged in the business of purchase, sale and storage of high-speed diesel oil and motor spirit at Lakshmipuram Village, Kruthivennu Mandal, Krishna District, under a licence issued under the A.P. Petroleum Products (Licencing and Regularisation of Supplies) Order, 1980. The licence held by the petitioner is further valid up to 31.12.2010. While that being so, on 2.12.2008, the Sales Officer of 2nd respondent surprised the business premises of the petitioner and lifted samples of MS and HSD for the purpose of sending to an analyst. Now the grievance of the petitioner is that the sales and supply of HSD and MS oil have been suspended till further advise, without issuing any notice, which is against the principles of natural justice. Learned counsel for the petitioner submitted that the respondents ought not to have passed the impugned order suspending the sales and supply of HSD and MS oil without issuing any notice. Per contra, learned counsel for the respondents submitted that the report of the analyst has already been received and the samples are found to be adulterated. Therefore, the petitioner will be issued with a show-cause notice and further action will be taken according to law. Under these circumstances, any interim order by this Court would prejudice the interest of the 2nd respondent – Organization. From the above, it is clear that according to the respondents the samples taken were already sent to analyst and the analyst report discloses that they were adulterated. Therefore, I am of the opinion that it may not be desirable to suspend the order passed by the respondents suspending the sales of HSD and MS in the outlet of the petitioner. However, in the facts and circumstances of the case, the respondents are directed to complete the enquiry contemplated against the petitioner within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. C.V. RAMULU, J. Date: 30-12-2008. Note: C.C. in three days. (BO) MVB.