Neutral Citation No. - 2025:AHC:142542-DB Court No. - 40 Case :- WRIT - C No. - 41405 of 2018 Petitioner :- Hindustan Petroleum Corporation Limited And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Komal Mehrotra,Vikas Budhwar Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioners have prayed for the following substantial reliefs: "i. Issue a writ, order or direction in the nature of certiorari calling for the record to quash the notice/order dated 12.12.2018 (Annexure No. 21 to this writ petition) passed by the respondent no. 3. ii. Issue a writ, order or direction in restraining the respondents from insisting the petitioners for getting the storage tanks installed at Aonla/Terminal in Bareilly calibrated in pursuance of the order dated 12.12.2018. iii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to insist for the deposit of calibration fees and the late payment fees for delay in calibration of the storage tanks pursuant to the notice dated 12.12.2018 (Annexure No. 21 to this writ petition). iv. Issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioners in pursuance of the notice/order dated 12.12.2018 (Annexure No. 21 to this writ petition) v. Issue any other suitable writ, order or direction as this Court may deem fit and proper in the facts and circumstances of the case. vi. Award the cost of the petitioner to the petitioner." 3. Issue raised in this writ petition has been decided by a coordinate Bench of this Court vide order dated March 28, 2023 passed in a bunch of writ petitions led by Writ-C No.52674 of 2016 titled as General Insurance Indian Oil Corporation Ltd. and another v. State of U.P. and others. The relevant paragraphs of the said order reads as under: "32. Section 16 of the Act, 2009 provides for forfeiture of unverified weight or measure. Section 33 provides for penalty to a maximum of Rs.5,000/- for use of unverified weight or measure. Thus, in absence of a substantive provision in the Act, 2009 providing for penalty of the nature and for amount as provided in Rule 17(3), the penal provision of Rule 17(3) of the U.P. Rules, 2011 being beyond rule making power, is ultra vires to the Principal Act, i.e. the Act, 2009. That apart, Rule 25 of the U.P. Rules, 2011 itself provides that wherever the Rules are in conflict with the provisions of the Act, the Act will prevail upon the Rules. 33. For all the reasons aforestated, we hold that the respondents may levy stamp verification/re-verification fee only up to Rs.5,000/- for each storage tank once in 60 months. No additional fee in the form of penalty under Rule 17(3) can be levied since it is not permitted by the Principal Act. Therefore, the impugned orders are arbitrary and illegal and deserves to be quashed. Consequently, all the impugned appellate orders dated 23.08.2016 and also other orders/notices impugned in all the abovenoted writ petitions, except Writ Petition No.33571 of 2018, are hereby quashed. Sub-rule (3) of Rule 17 of the Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011 is declared ultra vires. WRIT-C No.52674 of 2016, WRIT- C No. 54682 of 2016, WRIT -C No. - 54685 of 2016, WRIT - C No. - 54687 of 2016, WRIT - C No. - 57179 of 2016, WRIT-C No. 57180 of 2016, WRIT - C No. 57203 of 2016, WRIT-C No. 57208 of 2016, WRIT - C No. 57210 of 2016, WRIT - C No.57766 of 2016, WRITC No.61624 of 2016, and WRIT - C No. - 32799 of 2018, are allowed. 34. Respondents are directed to determine fees payable by the petitioners under Rule 17(1) of the U.P. Rules, 2011 within three weeks from today in terms of this judgment and communicate it to the petitioners within next one week. Petitioners are directed to deposit the entire verification/reverification fees under Rule 17(1) of the U.P. Rules, 2011, within next one month and shall continue to get verified/reverified storage tanks in time as per provisions of the Act, 2009 and the U.P. Rules, 2011. Liberty is granted to the respondents for initiating action against the petitioners for penalty/fine for delayed verification/reverification of storage tanks in accordance with the relevant provisions of Chapter-V of the Act, 2009 and relevant provisions of the U.P. Rules, 2011." 4. In light of the same, the present writ petition is disposed of in terms of the order passed in General Insurance Indian Oil Corporation Ltd. and another (supra). 5. Parties to act accordingly. Order Date :- 19.8.2025 KS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad