GAHC010054122026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1528/2026 BALO RAM KAIBARTA SON OF MR. BANTI RAM KAIBARTA, RESIDENT OF MRD ROAD, SILPUKHURI, GUWAHATI, ASSAM, PIN- 781003 VERSUS THE UNION OF INDIA AND 5 ORS.

THROUGH THE MINISTRY OF NATURAL GASES THROUGH ITS SECRETARY, A-WING, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI- 110001.

2:THE INDIAN OIL CORPORATION LIMITED (IOCL)

THROUGH THE CHIEF GENERAL MANAGER INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI ASSAM- 781020

3:THE GENERAL MANAGER LPG (OPERATIONS)

INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI ASSAM-781020

4:THE MANAGER LPG (OS)

INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI ASSAM-781020.

5:THE DEPUTY MANAGER LPG (FINANCE)

INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI ASSAM- 781020.

6:THE DEPUTY MANAGER LPG (SALES)

INDIAN OI CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI ASSAM- 78102 Advocate for the Petitioner : MR K TALUKDAR, SURAJ SONOWAL,MS C DAS Advocate for the Respondent : DY.S.G.I., SC, I O C BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 19.03.2026 Heard Mr. K. Talukdar, learned counsel for the petitioner; Ms. V. Thakuria, learned counsel on behalf of Mr. P. Bhattacharya, learned Central Government Counsel [CGC] for the respondent no. 1; and Mr. M. Sarma, learned Standing Counsel, IOCL for the respondent nos. 2 – 6.

2. The Indian Oil Corporation Limited [IOCL] published a Notice Inviting Tender [NIT] on 01.03.2025 inviting Bids under two-bid system from bidders for a contract- work, ‘Bulk LPG transportation contract by road for the State of Assam & Meghalaya’ [‘the Transport Contract-Work’, for short]. As per the Pre-Qualification Criteria [PQC]

prescribed in the NIT/Bidding Document, bidders must offer at least one owned Tank Truck [TT], as on the original closing date of tender, and the bidder should also possess a valid Petroleum Explosive Safety Organisation [PESO] license, as on the original date of closing date of tender, for carrying LPG.

3. Prior to the bid submission closure date, the respondent Corporation published a Corrigendum on 04.04.2025 to bringing certain changes in the terms and conditions of the NIT/Bidding Document. A new provision was introduced by the Corrigendum allowing a bidder to offer more than one TT if the bidder had entered into an Agreement to Sell [ATS] with owner[s] of TT[s] and if the bidder had entered into an ATS, then he can offer such TTs as owned TTs. As per the Corrigendum, in case of TTs offered under ATS were then in any existing contract[s] with any OMCs whose ownerships cannot be transferred during the pendency of the running contract and the formalities for transfer of ownership could not be completed as on the due date of the tender process initiated by the NIT dated 01.03.2025, both the seller and the purchaser [bidder] were to submit an affidavit as per the prescribed format along with the valid registration document and PESO license in the name of the seller. Such TTs shall be considered as the ‘owned’ trucks of the bidders for bid qualification and allocation purpose. It had been provided that in case the bidder would fail to submit the required documents with change of name in the Registration Certificate and PESO license. within four months of issuance of the Letter of Intent, suitable penal action would be taken, which would include forfeiture of EMD and caution money and also, termination order of such TTs and blacklisting of such TTs. In the Corrigendum, it was mentioned that under no circumstances, the timeline would be extended.

4. The petitioner apart from its owned trucks, had also offered TTs under ATS, which were executed with the sellers prior to submission of bid. After the bid closure date, the tec