Telangana High Court
M/S. Premodaya, Nellore Dist. vs Bharat Petroleum Corpn. Ltd. Nellore 2 ... on 3 August, 2018
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION NO.18667 OF 2007
ORDER:
This writ petition is filed by the petitioner aggrieved by the action of the SGS India Private Limited, the third respondent in searching and taking samples from the retail outlet of the petitioner on 21.8.2007 and the consequential order dated 22.8.2007 of the Deputy Manager (Sales/Eng), Nellore, the second respondent and letter dated 25.8.2007 of the Territory Manager (Retail), Nellore, the 1st respondent.
2. It is the case of the petitioner that he is doing business in petroleum products and that on 21.8.2007, the officials of respondent No.3 inspected the retail outlet of the petitioner and drew samples. On 22.8.2007, the second respondent also visited the retail outlet of the petitioner and conducted inspection of the stocks and thereafter, the 3rd respondent by his letter dated 25.8.2007 informed the petitioner that they suspended the sales and supplies of all the petroleum products to the petitioner.
3. Heard.
4. At the stage of notice before admission on 3.9.2007, an order has been passed by this Court with regard to collection of samples and testing the same and to submit a report within 10 days thereafter.
5. In pursuance of the said orders, it is stated in the counter affidavit at para 15 that the officials of the third respondent have 2 inspected the retail outlet of the petitioner and collected samples and conducted the marker test and found nothing and that the respondents have permitted the petitioner to conduct business since 2007 onwards and there are no adverse remarks against the petitioner in conducting the business.
6. In view of the facts and circumstances of the case, the writ petition is allowed, setting aside the impugned orders. No order as to costs. As sequel, the miscellaneous petitions pending if any shall stand closed.
_______________________ T.AMARNATH GOUD,J Date: 3-08-2018 Shr