IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RESERVED ON: 30.04.2025 DELIVERED ON: 06.05.2025 PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH W.P.A. 8748 OF 2025 BULK LPG TRANSPORT CONTRACTORS ASSOCIATION, EASTERN INDIA AND ORS.

VERSUS THE UNION OF INDIA AND ORS.

WITH WPA 9056 OF 2025 RAKESH KUMAR SHAW VERSUS THE UNION OF INDIA AND ORS.

Appearance:-

Mr. Kalyan Bandyopadhyay, Ld. Sr. Adv.

Mr. Sirsanya Bandyopadhyay, Adv.

Ms. Anusmita Bhattacharya, Adv.

…..For the Petitioners Mr. Rabindra Nath Bag, Ld. Sr. Adv.

Ms. Mary Datta, Adv.

Mr. Sk. Md. Wasim Akram, Adv. …………….…..For Union of India In WPA 8748 of 2025.

Mr. Dhiraj Trivedi, Ld. Sr. Adv. (DSG)

Mr. Praloy Bhattacharjee, Adv. ……………….For Union of India In WPA 9056 of 2025.

Mr. Jaydip Kar, Ld. Sr. Adv.

Mr. Sanjib Kr. Mal, Adv. Mr. Bimalendu Das, Adv.

Ms. Shomrita Das, Adv.

……………..For the respondent nos. 4&5 [BPCL]

Mr. Biswanath Chatterjee, Adv.

Mr. Sobhan Kumar Pathak, Adv.

Mr. Sohan Krishna Chatterjee, Adv.

……………..For the respondent nos. 2&3 [HPCL]

Mr. Amit Kumar Nag, Adv. Ms. Pritha Bhowumik, Adv.

……………For the respondent nos. 6&7 [IOCL]

JUDGMENT Gaurang Kanth, J.

1. The writ petitions, being WPA 8748 of 2025 and WPA 9056 of 2025, have been filed challenging the tender notices bearing NIT Nos. LPG/BULK/TT/IOC/WB/2025-30, LPG/BULK/TT/ BPC/ WB/2025- 30, and LPG/ BULK/ TT/HPC/WB/2025-30, issued respectively by Respondent Nos. 2, 3, and 6. WPA 8748 of 2025 has been preferred by an association, whereas WPA 9056 of 2025 has been filed by an individual. Both petitioners have raised identical grounds of challenge, and the contesting parties in both the writ petitions are the same. During the course of the hearing, arguments were advanced only in WPA 8748 of 2025. Since the same counsels are appearing in both the writ petitions, no further submissions were made in WPA 9056 of 2025.

2. In view of the above, this Court deems it appropriate to dispose of both writ petitions by a common judgment. For the sake of convenience, reference shall be made to the facts and grounds as stated in WPA 8748 of 2025.

3. The Petitioners, in the present writ petition, seek to challenge the bulk LPG transportation tenders bearing NIT Nos. LPG/BULK/TT/IOC/WB/2025-30, LPG/ BULK/ TT/BPC/WB/ 2025- 30, and LPG/ BULK/ TT/ HPC/ WB/ 2025-30, issued respectively by Respondent Nos. 2, 3, and 6, who are Oil Marketing Companies (OMCs), for the purpose of awarding bulk LPG transportation contracts by road within the State of West Bengal. The grievance of the Petitioners is that the impugned tenders have been arbitrarily framed so as to confer an undue advantage upon certain classes of contractors, to the exclusion and detriment of others. It is further alleged that the terms and conditions of the said tenders are violative of the principles of fairness, transparency, and equal opportunity, thereby undermining the objective of ensuring a level playing field in the tendering process.

4. The facts leading to the present case is as follows:

5. It is the case of the Petitioners that Petitioner No. 1 is a society registered under the West Bengal Society Registration Act, 1961 and is established for the welfare and well-being of Bulk LPG Transport Contractors of Eastern India and for protecting their business interests. It is a part of All India Bulk LPG Transporters Federation. Petitioner No. 2 is the Secretary of the Petitioner No.1. Petitioner No. 2,3, and 4 are all Tank Truck Owners and contractors of the Respondent OMC’s. In the present writ Petition, Petitioner No. 1 represents 18 MT Tank Trucks (TT’s) owners.

6. State wise tenders have been floated by Respondent OMC’s on

01.03.2025 for meeting the State wise requirement of Tank Trucks having capacity 18 MT and 21 MT for carrying the LPG from the manufacturing units to bottling plants.

7. For the State of West Bengal, the Respondent OMC’s floated NIT’s having No.’s LPG/BULK/TT/IOC/WB/2025-30, LPG/ BULK/TT/BPC/WB/2025-30 and LPG/ BULK/ TT/HPC/ WB/ 2025- 30