IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.645 of 2009 1. M/S BHARAT PETROLEUM CORPORATION. LTD., A GOVT. OF INDIA ENTERPRISES HAVING ITS REGISTERED OFFICE AT BHARAT BHAWAN, 496 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI THROUGH ITS CHIEF GENERAL MANAGER, 2. THE GENERAL MANAGER (RETAIL), M/S BHARAT PETROLEUM CORPORATION. LTD., BUDGEBUDGE, KOLKATA – 700 137, 3. THE TERRITORY MANAGER (RETAIL), M/S BHARAT PETROLEUM CORPORATION. LTD., BARAUNI TERRITORY, BARAUNI, DISTT. – BEGUSARAI, 4. THE DEPUTY MANAGER SALES (RETAIL), M/S BHARAT PETROLEUM CORPORATION. LTD., MUZAFFARPUR, 5. THE SALES OFFICER, M/S BHARAT PETROLEUM CORPORATION. LTD., MUZAFFARPUR, AND 6. THE DEPOT MANAGER, M/S BHARAT PETROLEUM CORPORATION. LTD., DEPOT MUZAFFARPUR ……… …………………………..APPELLANTS (RESPONDENTS) Versus M/S GAURI SHANKER BADRI NARAYAN, A PARTNERSHIP FIRM SITUATED AT AND P.O. SAKRI, DISTT. – DARBHANGA AT PRESENT IN DISTT. – MADHUBANI THROUGH ITS PARTERNER SRI PRABHAS KUMAR LADIA, S/O LATE BHAGWATI PRASAD LADIA, R/O AT AND P.O. – SAKRI, DISTRICT – MADHUBANI ….. ……………………………….RESPONDENT (PETITIONER) ----------- For the Appellants:- Mr. Sanjay Singh, Advocate. For the Respondent:- Mr. N.K. Agrawal, Sr. Advocate with Mr. Raj Kishore Prasad and Mr. Tej Bahadur Roy, Advocates. ---------- 2. 12.05.2009. Heard learned counsel for the parties and perused the order under appeal. 2 The respondent filed writ petition in this Court against a show cause notice issued by Bharat Petroleum Corporation Ltd. on the basis of an inspection of retail outlet of the respondent made on 10.7.2008. The show cause notice has some adverse effects on the supply of petrol and diesel to the respondent’s retail outlet. The Writ Court has taken note of Marketing & Discipline Guidelines, 2005, issued by the Ministry of Petroleum applicable to all Government Oil Companies. The guidelines provide for various situations including sealing of samples received from the lorries and included a provision for sealing with plastic seal as well as a paper label. The Writ Court has not granted any relief to the respondent in respect of supply of petroleum products but has observed that the sample which does not have plastic seal and only a paper label certified by the tank lorry driver may be tested by the Corporation. The Writ Court has made such observations after taking precaution to observe that the decision of the Corporation not to test the tank lorry sample cannot be said to be wrong or vitiated and although the Corporation, in the facts of the 3 case, according to the Writ Court, would be well advised to test the same, the Corporation would be free to take whatever views are possible to be taken and consequences would flow as per such views. Learned counsel for the appellant Corporation submits that the Corporation should be left free to take its decision in respect of testing the sample or not testing the same in view of admitted absence of plastic seal, otherwise the Marketing & Discipline Guidelines would lose their sanctity and may adversely affect the efforts of the Corporation to maintain purity of petroleum products by the retail outlets. It has further been submitted that at the stage of show cause notice no interference was required in the matter. Learned counsel for the respondent / writ petitioner has submitted that the direction by the Writ Court is not really a direction but only an observation and is not likely to affect the final decision by the Corporation on the show cause already submitted by the respondent. We have been taken through the provisions of the Marketing & Discipline Guidelines, 2005, 4 particularly those relating to sealing of the samples. At the present stage of controversy between the parties it will not be proper for this Court to enter into any kind of adjudication, particularly over the dispute whether plastic seals were out of stock with the dealer to the knowledge of the Corporation or not. At the present stage of the controversy, the issues are left open to be decided by the Corporation in accordance with law. It goes without saying that the final decision of the Corporation, if adverse to the writ petitioner, can always be challenged by the writ petitioner on all the grounds available to him under the law. The appeal is allowed to the extent that the observations and directions made by the Writ Court are made directory and it will be open for the Corporation to act as per those observations / directions or not to act. It is expected that the Corporation shall take a final decision in respect of show cause of the writ petitioner within a reasonable time preferably within six weeks. If the writ petitioner is desirous of filing any supplementary show cause, the same should be filed 5 without any delay so that the matter is not delayed unnecessarily. This appeal is accordingly disposed of. dk ( Shiva Kirti Singh, J. ) ( Dr. Ravi Ranjan, J. )