JUDGMENT :

Vijay Bishnoi, J.

1. The instant intra court appeal has been preferred by the appellant being aggrieved with the order dated 18.9.2023 passed by the learned Single Judge in SBCWP No.18484/2022, whereby the learned Single Judge has dismissed the above-referred writ petition.

2. Brief facts of the case are that the appellant, a proprietor firm, had submitted its bid in response to the NIT (Annexure/1 of the writ petition) issued by the respondent-IOCL for road transportation of bulk petroleum products by tank trucks. The bid of the appellant was rejected and LOI was issued in the name of two truck operators i.e. M/s Aagolai Goods Carrier and M/s Jethi Devi.

3. Being aggrieved with the same, the appellant has preferred SBCWP No.6812/2022, wherein the learned Single Bench, while issuing notice to the respondents, has restrained the respondent-IOCL from issuing work order in favour of the above-referred two tank trucks operators. However, the respondent-IOCL, thereafter, issued gate notice dated 23.11.2022 inviting General Transport Contractors/Dealer-cum-Transport Contractors/RO Dealers, who are interested to offer their tank trucks for road transportation of bulk petroleum products, to submit their application in required format along with relevant supporting documents.

4. Being aggrieved with the same, the appellant preferred writ petition alleging that the gate notice dated 23.11.2022 is an extension of original tender and with the said action of the respondent-IOCL, an attempt is made to frustrate the cause of the appellant as also to overreach the stay order dated 13.5.2022 passed by this Court in SBCWP No.6812/2022. It was contended on behalf of the appellant that the respondent-IOCL is giving backdoor entry to the undeserving persons by some way or the other. It is also contended that the respondent-IOCL had no urgency to invite applications vide gate notice dated 23.11.2022 for 20 tank trucks because sufficient number of tank trucks are available with the respondent-IOCL for regular supply of petroleum products to the retail outlets.

5. In response to the show cause notice, reply to the writ petition was filed on behalf of the respondent-IOCL, wherein it is contended that the gate notice dated 23.11.2022 has been issued to fulfill the deficit of tank trucks caused due to non placement of tank trucks for own use by the dealers. It is further contended that the IOCL issues an expression of interest for the existing R.O. dealers, who want to give their own tank trucks for supply to their own retail outlets and when the existing R.Os. give their expression of interest, a general tender for transportation of bulk petroleum product is issued by the Corporation for the total number of requirement. It is further contended that though few R.O. dealers showed their expression of interest earlier, but later on, they did not fulfill the condition of supplying tank trucks and on account of that, the deficit caused and to fulfill the said deficit, the IOCL required to issue gate notice dated 23.11.2022. It is also contended that looking to the emergent situation and for regular supply of petroleum products to the retail outlets, the gate notice was issued. It is also contended that the respondent-IOCL has not issued the gate notice to overreach the stay order dated 13.5.2022 passed by this Court in SBCWP No.6812/2022.

6. The learned Single Judge, after hearing learned counsel for the parties, has dismissed the writ petition, while observing that the gate notice was issued to the General Transport Contractors/Dealer-cum-Transport Contractors/RO Dealers to fulfill the deficit caused on account of the fact that few dealers, who had earlier offered their tank trucks, have failed to provide the same for the purpose of transportation of petroleum products. The learned Singe Judge has also observed that as per Clause 8 of the tender, the respondent-IOCL was empowered to bridge the gap through a gate notice dated 23.11.2022.

7. With the afor