Court No. - 33
Case :- WRIT - C No. - 19918 of 2019 Petitioner :- M/S Sachdeva Automobiles Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Alok Mishra,Ratnakar Upadhyay Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner, learned Standing counsel appearing for respondents 2,3 and 4 and Sri Ishan Shishu, learned counsel appearing for respondent No 1.
Petitioner has installed a dispensing Unit of gasoline. For certification of the dispensing Unit, a request has been made to the Senior Inspector Legal Metrology Weights and Measurements, Mainpuri, District Mainpuri to take necessary action for certification of the dispensing unit.
The prayer in this petition is that a direction may be issued to the concerned respondent to ensure prompt certification of the dispensing unit.
Ms Archana Singh learned Standing Counsel, representing respondents 2,3, and 4 submits that since the petitioner is a dealer of Indian Oil Corporation, therefore, such certification could only be done after hearing representatives of the Indian Oil Corporation. She, therefore, suggested that the petitioner should implead Indian Oil corporation as party respondent.
Learned counsel for the petitioner submits that Indian Oil Corporation is not a necessary party as no relief is sought against it and, otherwise also, the concerned officer of the Metrological Department can always seek report from the Indian Oil Corporation before certification of the dispensing unit.
Be that as it may, as the prayer of the petitioner appears to be innocuous, we deem it appropriate to dispose of the petition by providing that if a comprehensive representation is made by the petitioner before the concerned officer in the Metrological Department by annexing therewith the earlier request letter as also documents to show that the dispensing Unit is as per standard provided and approved by the Indian Oil Corporation, the concerned official would take appropriate decision thereon after giving opportunity of hearing to the parties concerned including the representatives of the Indian Oil Corporation, preferably, within a period of six weeks from the date of presentation of such representation along-with certified copy of this order.
The petition is disposed off.
Order Date :- 7.6.2019 MH