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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Kan Enterprises – Appellant
Versus
Kesari Marine Service and Two – Respondent
| Table of Content |
|---|
| 1. writ appeal arises from prior orders on loa cancellation. (Para 1 , 2 , 3) |
| 2. court’s analysis on procedural compliance and merits of cancellation. (Para 4 , 7 , 11 , 12 , 13 , 14 , 19 , 20 , 21 , 26 , 27 , 28) |
| 3. arguments focus on validity of loa cancellation and adherence to tender conditions. (Para 5 , 6 , 15 , 17 , 24 , 29) |
| 4. timeline and compliance with tender conditions. (Para 8 , 10 , 22) |
| 5. establishes basis for judicial review and loa cancellation. (Para 18 , 25 , 30) |
| 6. conclusion supporting the appeal and setting aside prior order. (Para 31) |
JUDGMENT:
Moushumi Bhattacharya, J.
1. The Writ Appeal arises out of an order passed by a learned Single Judge of this Court on 07.11.2025 in W.P.No.16559 of 2025 filed by the respondent No.1 herein. The Writ Petition was filed for a Writ of Mandamus against the respondent No.2/The Indian Oil Corporation Limited (‘IOCL’) with reference to proceedings dated 06.06.2025 by which IOCL upheld the cancellation of the Letter of Acceptance (‘LoA’) dated 20.02.2025 issued to the writ petitioner. The appellant herein was awarded a Work Order on 18.08.2025 after cancellation of the LoA issued in favour of the writ petitioner.
2. By
Judicial review of tender decisions is narrow, allowing authorities to decide without court-imposed restrictions, provided they adhere to tender conditions.
The court held that the cancellation of a Letter of Acceptance was arbitrary as it was based on a miscalculation of the 30-day compliance period, violating principles of natural justice.
The cancellation of a Letter of Acceptance without prior notice or opportunity for the petitioner to respond violates principles of natural justice.
Point of Law : when a bidder who has not been issued the final acceptance of the bid by the competent authority being the highest bidder acquires no vested right ,but the bidder has right to equality....
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