IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
M/s Girdharisingh Shekhawat Tankers – Appellant
Versus
Indian Oil Corporation Limited – Respondent
S.B. Civil Writ Petition No. 6816 of 2022, S.B. Civil Writ Petition No. 6812/2022, S.B. Civil Writ Petition No. 18484/2022, S.B. Civil Writ Petition No. 18732/2022
Decided on : 18-09-2023
Constitution of India, 1950 – Article 226 – Writ petitions have been preferred claiming reliefs – Existing transport contractor – Quashed and set aside – Issuance of license – Indian Oil Corporation Ltd – Held, Court observes that PESO (license issuing authority) itself admitted that after permissions were given, only calibration certificate was required, and same was not a mandatory document for issuance of license, but an additional confirmation, and thus, permission had been initially given for a period of one month; thereafter once calibration certificate was received, licenses were granted with validity a clarification letter had further been issued by PESO with regard to permissions given to respondents no.2 & 3 stating therein that same were permanent licenses and thus, be treated as such; relevant portion of communications – Petitions dismissed.
JUDGMENT :
1. These writ petitions have been preferred claiming the following reliefs:
“It is therefore, respectfully prayed that this writ petition may kindly be allowed and, by an appropriate writ order or direction:
i. Issue an appropriate writ/order/direction in the nature of certiorari quashing the LOIs issued to the respondent No.2 and 3 in respect of notice inviting tender No.RCC/NR/RSO/OPS/PT-105/21-22;
ii. Issue an appropriate writ/order/direction in the nature of mandamus directing the respondent No.5 to initiate a proper enquiry against the erring officials and the Respondent No.4 because of which respondent No.2 and respondent No.3 were illegal issued LOIs;
iii. Any other writ, order or direction which this Hon’ble court deems just and proper in the facts and circumstances of the case may kindly be allowed to petitioner;
iv. Costs of the petitioner may be awarded to the petitioner.”
CWP No.6812/2022:
“It is therefore, respectfully prayed that this writ petition may kindly be allowed and, by an appropriate writ order or direction:
i. Issue an appropriate writ/order/direction in the nature of certiorari quashing the LOIs issued to the respondent No.2 and 3 in respect of notice inviting tender No.RCC/NR/RSO/OPS/PT-105/21-22;
ii. Issue an appropriate writ/order/direction in the nature of mandamus directing the respondent No.5 to initiate a proper enquiry against the erring officials and the Respondent No.4 because of which respondent No.2 and respondent No.3 were illegal issued LOIs;
iii. Issue an appropriate writ/order/direction in the nature of mandamus directing the respondent no.1 to disqualify the respondent No.2 and 3 from future bidding and further directing the respondent No.1 to consider afresh the bid of the petitioner along with other bidders;
iii. Any other writ, order or direction which this Hon’ble court deems just and proper in the facts and circumstances of the case may kindly be allowed to petitioner;
iv. Costs of the petitioner may be awarded to the petitioner.”
CWP No.18484/2022:
“It is, therefore, humbly prayed that this writ petition may kindly be allowed and am appropriate writ/order/direction be issued to the Respondents to the following effect-
I. By an appropriate writ, order or direction gate notice ref : RSO/OPS/JDH/PT-105/IND/GN/22-23/1 Dated 23/11/2022 (Annx.3) may kindly be quashed and set aside.
II. By an appropriate writ, order or direction any order or action in pursuance to the gate notice (Annex.3) may also be declared illegal and hence quashed and set aside.
III. By an appropriate writ, order or direction respondents be directed not to take any further action in name of supply of tank trucks in pursuance of gate notice dated 23.11.22 (Annex 3)
IV. By an appropriate writ order or direction in the alternative, without prejudice to the aforesaid if the Hon’ble court deems it appropriate respondents may kindly be directed to allow the petitioner company (who is in top sequence waiting under the earlier original tender) to give first offer to work for the completion of the supply under gate notice ref : RSO/OPS/JDH/PT-105/IND/GN/22-23/1 Dated 23/11/2022 (Annx.3).
V. By an appropriate writ order or direction respondents may kindly be directed that Tank trucks who had earlier being restrained from issuance of work order in pursuance of tender no. RCC/NR/RSO/OPS/PT-105/21-22 (Annx 1) may kindly not be allowed to participate in gate notice ref : RSO/ OPS/JDH/PT-105/IND/GN/22-23/1 Dated 23/11/2022 (Annx.3) after attaching with new firm.
VI. Any other appropriate writ, order or direction which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners.
VII. The Petitioner may be allowed with heavy cost against the Respondents.”
CWP No.18732/2022:
“It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow the writ petition, call for the record and :
i) By an appropriate writ, order or
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
The authority issuing the tender has discretion in interpreting and enforcing tender requirements, and unless there is evidence of illegality, courts should exercise restraint in interfering with con....
Strict adherence to tender requirements, particularly for essential documents like NOCs, is mandated for eligibility, with judicial restraint applied in reviewing tender decisions.
Compliance with specific pre-qualification criteria and terms and conditions of a tender notice is crucial for the acceptance of a bid.
The rejection of a bid in a tender process should be based on merit consideration and qualification for allocation, and parties must plead and produce sufficient material to substantiate their case.
If two views are possible the Court should not impose the other view in the instant case.
Point of Law : Court should refrain from interfering in the grant of tender but instead relegate the parties to seek damages for the wrongful exclusion rather than to injunct the execution of the con....
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