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2018 DIGILAW 2199 (JHR)

Hindustan Petroleum Corporation Ltd v. Chief Regional Manager, H P C L

2018-10-03

AMITAV K.GUPTA, D.N.PATEL

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JUDGMENT D.N. Patel, J. - This Letters Patent Appeal has been preferred by respondent no.1 in W.P.(C) No. 2068 of 2009, which was preferred by present respondent no.3 (original petitioner). The writ petition was allowed by the learned Single Judge vide judgment and order dated 6th September, 2012 mainly on the ground that the samples of Petrol drawn from the Petrol Pump of respondent no.3 while sending them were different than what is given in the report of the laboratory. On this ground alone, the writ petition was allowed. 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that the samples of Diesel and Petrol were drawn by the Inspecting Team of this appellant from the Petrol Pump of respondent no.3 as on 31st December, 2008. 3. So far as samples of Diesel are concerned, it was found in consonance with the norms whereas so far as samples of Petrol are concerned, there was deviation in the boiling point etc. and, hence, we are only concerned with the samples of Petrol. 4. The samples of Petrol drawn as on 31st December, 2008 were sent to laboratory on 19th January, 2009 with- (a) Tank Lorry No.- JH10A 7461 (b) Plastic Seal No. of Aluminium Container- 293145 (c) Plastic Seal No. of Wooden Box- 293176 This document is at Annexure-5/1 to the memo of this Letters Patent Appeal. 5. It further appears from the facts of the case that testing was done at the laboratory on 7th February, 2009 and the report was also given on the very same day. The said report is at Annexure-3 to the memo of this Letters Patent Appeal. 6. Looking to Annexure-3, it appears that all the aforesaid three numbers are different, which are as under: (a) Tank Lorry No.- JH10A 7404 (b) Plastic Seal No. of Aluminium Container- 293133 (c) Plastic Seal No. of Wooden Box- 293192 7. Thus, the seal numbers which are mentioned while sending to the laboratory and the seal numbers which are mentioned in the laboratory report are entirely different. There is no matching of the seal numbers with the testing report and, hence, report appears to be of another sample than what was sent as on 19th January, 2009. Thus, the seal numbers which are mentioned while sending to the laboratory and the seal numbers which are mentioned in the laboratory report are entirely different. There is no matching of the seal numbers with the testing report and, hence, report appears to be of another sample than what was sent as on 19th January, 2009. Hence, no error has been committed by the learned Single Judge while deciding W.P.(C) No. 2068 of 2009 vide judgment and order dated 6th September, 2012 in quashing and setting aside the orders passed by the appellant dated 10th February, 2009 and 3rd July, 2009. Hence, there is no substance in this Letters Patent Appeal, the same is, therefore, dismissed with a cost of Rs. 10,000/- (Rupees Ten Thousand), which will be deposited by this appellant before the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi within a period of six weeks from the date of receipt of a copy of this order. The amount of cost shall be utilized towards the programme "Access to Justice". 8. A copy of this order will be sent by the Registry of this Court to the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi. 9. In view of the final order passed in the Letters Patent Appeal, I.A. No. 269 of 2014 is also dismissed.