IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23041 of 2008 Between: M/s D.N.L.Transport, Transport Contractors, Visakhapatnam, Rep by its Proprietor, Sri. M.Ramesh Babu, S/o. M.V.Raghava Rao, aged 27 years, MIG-1-194, Gullapala, Sriharipuram, Malkapuram Post, Visakhapatnam. ..... PETITIONER AND 1 SR.Terminal Manager, Indian Oil Corporation Limited, Visakha Terminal, Malkpauram, Visakhapatnam. 2 Divisional General Manager (Operation), Indian Oil Corporation Limited, A.P.State Office, 3-6-436 TO 438, IIIrd Floor Naspur House, Himayath Nagar, Hyderabad. .....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 in the nature of writ of mandamus or ;any other appropriate writ, Direction order or orders declaring the action of the 1st respodnent in not taking the sample from the Truck Tank No: AP 31 U 4336, conduct lab test at any petroleum Corporation Refinery at, Visakhapatnam in the presence of Writ Petitioners as illegal, improper and violation of provisions of Act and consequently direct the respondents to take sample from the Petitioners Truck Tank and to conduct lab test in the presence of petitioner. Counsel for the Petitioner:MR.M.P.CHANDRAMOULI Counsel for the Respondents: MR.THOOM SRINIVAS The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 23041 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the 1st respondent in not taking the samples from the Truck No.AP 31 U 4336 to conduct lab test at any Petroleum Corporation Refinery, Visakhapatnam, in the presence of the petitioner, as arbitrary, illegal and violative of the provisions of the Act; consequently to direct the respondents to take samples from the petitioner’s truck and conduct lab test in his presence. It is the case of the petitioner that he is the Proprietor of DNL Transport, Visakhapatnam and he entered into an agreement with the respondents for transportation of oil. On 30.7.2008, when the tank truck of the petitioner was transporting 17 KL of FO, the respondents intercepted the same and found that the oil contained in the tanker was not up to the standard. Therefore, the tanker along with the oil was seized and kept at the KTPS point Thermal Power Station, Palvancha. According to the petitioner, he was not furnished with the samples taken at the time of intercepting the tanker. Apart from that, it is the case of the petitioner that though he made a request for taking fresh samples from the tanker as required under Section 20 of the Act, the same was not allowed. A detailed counter affidavit was filed by the respondents denying the allegations made by the petitioner, wherein it is stated that the samples were sent to the terminal for testing, the same were tested at the laboratory of the Indian Oil Corporation and the report reveals as follows: a) The samples do not meet the specifications of FO MV 2 in respect of KV at 50 C and water tests conducted; b) Flash Point Test by PMCC, sediments by extraction and sulfur content tests could not be conducted due to high- pressure water content. Further, the samples were handed over to the driver of the lorry and he has acknowledged the same. Since the oil does not specify the standard test conducted, it must be deemed that it was adulterated or it is not up to the specifications, therefore, it can be seized and sold as per the provisions of the Act after conducting an enquiry into the same. Heard both sides. Prima facie, it appears that though it is the contention of the respondents that two samples were handed over to the driver of the vehicle, according to the petitioner, no driver has signed and on the other hand, the driver has left the vehicle and went away and when the petitioner demanded for collecting fresh samples as required under Section 20 of the Act, the same was not done. Of course, the respondents have simply stated that no such demand for collecting fresh samples was made by the petitioner. Be that as it may, in the peculiar facts and circumstances of the case, the respondents are directed to take the fresh samples, since the tanker and the oil therein are in the custody of the respondents as of now, furnish two such samples to the petitioner and conduct the standard test in the presence of the petitioner, within a period of three weeks from the date of receipt of a copy of this order. The petitioner may also be permitted to send the samples, for test, to an independent agency, if he so chooses. With the above direction, the writ petition is disposed of. No order as to costs. C.V. RAMULU, J. Date: 11-12-2008. MVB.