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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Kore Manikya Rao – Appellant
Versus
Union of India, rep. by its Secretary, Ministry of Petroleum & Natural Gas, New Delhi – Respondent
| Table of Content |
|---|
| 1. tender process complaint and participation details. (Para 1) |
| 2. respondents' counter claims and allegations of irregularity. (Para 2 , 3 , 4) |
| 3. court's observations on respondent claims and evidence. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court finds petition without merit. (Para 13) |
| 5. writ petition dismissed. (Para 14 , 15) |
ORDER :
NAGESH BHEEMAPAKA, J.
Petitioner asserts that Respondent No.2 - Hindustan Petroleum Corporation Limited (HPCL) is a ‘State’ within the meaning of Article 12 of the Constitution and is bound by the guidelines issued by the Union of India, Ministry of Petroleum and Natural Gas. He therefore submits that a writ petition is maintainable.
1.1. Petitioner states that he has been engaged in the transport business under the name ‘Kore Manikya Rao Transport’ for several years and regularly provides heavy vehicles (tankers) for transportation of petroleum products for respondent Corporation and other companies. Pursuant to Tender Notification dated 04-06-2025 issued by Respondent No.2, requiring submission of tenders before 31-10-2025. Eligibility criteria at Running Page No.82 of the tender booklet requires a bidder to offer a minimum of five re
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
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.
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.
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....
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