The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.7699 of 2004 Order: The petitioner is a retail outlet dealer of Bharat Petroleum Corporation Limited and his retail outlet was inspected on 16-12-2003. On the ground that the sample of MAK2T, which was collected from the petitioner’s outlet during the said inspection, failed to meet the specifications with respect to elements and PIB, respondent has passed the Order, dated 19-04-2004, suspending the sales and supplies of all products of MS, HSD & Lubricants therefrom for a period of 15 days from 21-04-2004 to 05-05-2004 and further imposing fine of Rs.10,000/-. Aggrieved thereby, the petitioner has filed the present Writ Petition. Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondent- Corporation. The impugned order is questioned mainly on the ground that the same was passed without considering the explanation filed by the petitioner. It is submitted by learned Counsel for the respondent that the samples lifted from the petitioner’s retail outlet premises did not meet the specifications and as such, the respondent issued show cause notice, dated 08-01-2004, to the petitioner. It is further stated that the impugned order was passed, as per the marketing guidelines, only after considering the petitioner’s explanation, dated 16-02-2004, and that the same does not suffer from any legal infirmity. At the stage of admission, this Court, vide interim order, dated 22-04-2004, suspended the impugned order subject to the petitioner depositing fine amount of Rs.10,000/- within a period of one week therefrom. It is submitted by the learned Counsel for the petitioner that the fine amount has already been deposited. Perused the copy of the petitioner’s explanation and also the impugned order. As seen from the impugned order, except stating that the reply given by the petitioner is not satisfactory, no reasons, whatsoever, have been recorded therein, by the respondent, to indicate that the petitioner’s explanation, dated 16-02-2004, was considered in detail. In any event, in view of this Court’s interim order, dated 22-04-2004, the fine amount of Rs.10,000/- has already been deposited. In that view of the matter, I deem it appropriate to set aside the impugned order to the extent of suspension of sales and supplies of all products of MS, HSD & Lubricants for a period of fifteen days from 21-04-2004 to 05-05-2004 and confirm the imposition of fine of Rs.10,000/-, already collected from the petitioner. The Writ Petition is allowed to the extent indicated above. There shall be no order as to costs. _________________ R.Subhash Reddy, J Dated 21st December, 2009 lur