Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd and 5th respondents pertaining to the impugned Letter of Intent to Award bearing Reference No.AAI/OPS/GHS/16/C/2020/322, dated 11.9.2021 (Doc.No.14) and the Consequent Concession Agreement dated 4.3.2024 (Doc.No15) issued by the Respondent No.2, and Respondent No.5 respectively or any other order issued in favour of the consortium of Respondent Nos. 7 and 8 and to quash the same as illegal and improper and subsequently direct the respondent Nos.2,3 and 5 to re-tender the Ground Handling services at the Veer Savarkar International Airport, Port Blair.

For Petitioner(s): Mr.M.J.Jaseem Mohamed

For Respondents: M/s.V.Ashok Kumar, CGSC for R1 Ms.Arul Mary for R2, R3, R5

for M/s.Father Xavier Associates No Appearance for R7 to R9

R4 & R6 _ Not ready in notice

ORDER

This petition has been filed challenging the impugned Letter of Intent to Award bearing Reference No.AAI/OPS/GHS/16/C/2020/322, dated 11.9.2021 (Doc.No.14) and the Consequent Concession Agreement dated 4.3.2024 (Doc.No15) issued by the Respondent No.2, and Respondent No.5 respectively or any other order issued in favour of the consortium of Respondent Nos. 7 and 8 and to quash the same as illegal and improper and also seeking a direction to the respondent Nos.2,3 and 5 to re-tender the Ground Handling services at the Veer Savarkar International Airport, Port Blair.

The case of the petitioner is that it is a company incorporated under the Companied Act, 1956, and has been providing Ground Handling Services at various airports, including Veer Savarkar International Airport, Port Blair, for over a decade. The company holds a valid No-Dues Certificate and Security Clearance necessary for its operations. On 15.04.2020, the Airports Authority of India (AAI) had issued a tender through an e-bid Invitation for ground handling services at various airports, including Port Blair. As per the tender conditions, all entities were mandatorily required to obtain a No-Dues Certificate from AAI before participating in the bidding process. Meanwhile, the 8th respondent filed W.P No.10873 of 2020 before this Court, seeking permission to participate in the bidding process without producing a No-Dues Certificate. On 14.08.2020, this Court passed an interim order allowing the 8th respondent to participate in the bid, subject to the condition that if it failed in the writ petition, it would be liable to pay the disputed amount. Thereafter, the respondents 7 and 9 failed to pursue the said writ petition. Meanwhile, on 11.09.2021, the Airports Authority of India issued a Letter of Intent to Award (LOIA) to the consortium of the respondents 7 and 8 (later incorporated as respondent No.9). The aforesaid LOIA explicitly stated that the award was subject to the outcome of W.P No.10873 of 2020. Subsequently, the said writ petition was dismissed on 24.06.2024. In the interregnum, a Concession Agreement dated 04.03.2024 was executed in favour of the respondent No.9, in violation of the conditions of the LOIA. As of February 2025, despite the lapse of 44 months since the issuance of the LOIA, the respondent No.9 has neither obtained a No-Dues Certificate nor commenced ground handling services for scheduled airlines at Port Blair Airport. On this sole ground, the present writ petition has been filed seeking cancellation of the aforesaid LOIA and Concession Agreement, and a direction to re-tender the ground handling Services at Port Blair Airport.

The learned counsel for the petitioner would submit that, admittedly, the petitioner did not participate in the e-tender on 15.04.2020. However, even a person who has not participated in the e-tender can challenge the Letter of Intent issued in favour of an unqualified party before this Court. Therefore, the present writ petition has been filed. Accordingly, he prayed for appropriate orders.

Per contr