Full Judgment
B.S.Sharma versus State of M.P.& Anr.
Writ Petition No.2125 ”
20. 2.2013: Shri S.K.Dwivedi, learned counsel for the petitioner.
Shri Sanjeev Kumar Singh, learned Panel Lawyer for respondent/State.
Challenging certain recommendations made by the Collector Bhopal in his communication dated 11.4.2012 with regard to taking action against the petitioner, this writ petition has been filed.
Petitioner has been granted Dealership for distribution of LPG Gas by Hindustan Petroleum Corporation LTD.He is running establishment in the name and style of M/S.Nainika Enterprises, Shahpura, Bhopal.
It is found that the petitioner was transporting Gas CylindeRs.an inspection under the Weight and Measure Act was conducted and the weight of the cylinders were found to be below the prescribed norms as provided in the statute, therefore, a case has been registered and petitioner is being proceeded against for violation of Weight and Measure Act.
In the meanwhile for the irregularities committed by the petitioner a show-cause notice was issued to the petitioner by the Collector and petitioner was asked to show-cause as to why a complaint with regard to activities of petitioner be not made to the Hindustan Petroleum Corporation Limited and recommendations made for cancelling his dealership.
Based on the explanation, the Collector has forwarded the entire matter to the Hindustan Petroleum Corporation LTD.and, therefore, petitioner is before this Court.
2 It is argued by Shri S.K.Dwivedi, learned counsel that the Collector has no authority to take action for cancelling dealership or outlet of petitioner and as action taken by the Collector is beyond his jurisdiction the same be quashed.
Shri S.K.Singh, learned Panel Lawyer refuted the aforesaid and argued that the Collector is an administrative head of District, found that the statutory provisions under Weight and Measures Act are being violated, for which statutory authority has initiated action.
But as petitioner is dealer of Hindustan Petroleum Corporation and as he is found to have violated the requirement of law, the Collector has only brought all the fact to the notice of Hindustan Petroleum Corporation Lt.
who are to be proceeded in the matter in accordance to law.
It is stated by Shri S.K.Singh that merely because the Collector has made the communication and as made certain recommendations that does not mean that the action of the Collector is unsustainable.
Having heard learned counsel for the parties, I see no reason to interfere into the matter.
Admittedly proceedings are being held against the petitioner to violate the Weight and Measure Act and the Collector has only brought certain fact to the notice of Hindustan Petroleum Corporation Ltd., who are not required to take action in the matter in accordance to the terms and conditions of the agreement of the dealership.
Merely because the Collector has recommended for certain action to be taken, I see no reason to interfere into the matter.
The Collector infact have only brought to the notice of the Corporation concerned, about certain irregularities committed.
not it is for the 3 Corporation namely the Hindustan Petroleum Corporation LTD.to take action in accordance to law.
However, while taking action the Hindustan Petroleum Corporation LTD.shall be guided by their own schemes and circulars or the requirement of the contract and shall not be influenced by the recommendations of the Collector, independent action be taken in accordance to law.
With the aforesaid, finding no case for interference this petition is dismissed.
(Rajendra Menon) Judge ss/-