CALCUTTA HIGH COURT
REETOBROTO KUMAR MITRA, TAPABRATA CHAKRABORTY
Bulk LPG Transport Contractors Association Eastern India – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Affidavit-of-service, as filed, be kept on record.
2. The present appeal has been preferred by the Bulk LPG Transport Contractors Association Eastern India (hereinafter referred to the said Association) and its functionary challenging the judgment dated 6th May, 2025 passed by the learned Single Judge in the writ petition WPA No. 8748 of 2025. The said writ petition was preferred primarily challenging three tender notices issued by the respective oil companies being the Hindustan Petroleum Corporation Limited, Bharat Petroleum Corporation Limited and the Indian Oil Corporation Limited (hereinafter referred to as the OMCs). The said writ petition was heard along with another writ petition being WPA 9056 of 2025. Initially by an order dated 24th April, 2025 the learned Single Judge directed the parties to exchange their affidavits after recording the contentious issues urged by the writ petitioners. Pursuant thereto, the parties exchange their affidavits and thereafter the said writ petitions were finally heard and dismissed by the judgment impugned in the present appeal.
3. As the last date for submission of bids has been scheduled on 12th May, 2025 upto 3.00 p.m. and as all
The court emphasized the importance of adhering to tender conditions and equitable distribution under the MSE Policy, allowing for judicial intervention only in cases of illegality.
Reservation provisions for SC/ST in contracts are constitutionally valid and do not violate fundamental rights, reflecting affirmative action aimed at socio-economic upliftment under Article 46.
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
: Tenderer has no right to bank upon tender when life of tender was over.
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
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