M/s. Sure Yah Indane Vs Indian Oil… — Writ and Judicial Review | Andhra Pradesh HC (2025)

M/s. Sure Yah Indane Vs Indian Oil… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No relief granted; writ petition dismissed as infructuous with no order as to costs.

Issue for consideration

Whether the action of the respondents in the allocation of LPG transport trucks under Tender No. SRCC/PT/132/TAPSO/2017-18 (including allocation under the MSE Category, SC reservation, and trucks registered outside the State of the bottling plant) was illegal, discriminatory, arbitrary and violative of Articles 14 and 19(g) of the Constitution of India - raised in the petition but not adjudicated, as the writ petition was dismissed as infructuous.

Ratio / Principle

Recording the submission of learned counsel appearing for the petitioner that the cause in the writ petition does not survive for adjudication, the Writ Petition is dismissed as infructuous, with no order as to costs. No adjudication on the merits of the tender challenge.

Key takeaways

As a sequel to the dismissal, miscellaneous applications pending, if any, shall stand closed.ratio¶31

Detailed headnote1 paragraphs

Writ Petition under Article 226 by an LPG distributor of Indian Oil Corporation Limited challenging the respondents' actions under Tender No. SRCC/PT/132/TAPSO/2017-18 for packed-truck allocation at the Vizag bottling plant - including calling for written consent vide letter dated 21.06.2018 without ascending-order allocation of balance un-allocated trucks, non-allocation of the petitioner's trucks under the MSE Category, insufficient allocation to the SC member as per 15 percentage reservation, and allocation of trucks not registered in the State in which the bottling plant is located - alleging illegality, discrimination, arbitrariness and violation of Articles 14 and 19(g) of the Constitution of India. Held: on the submission of learned counsel for the petitioner that the cause does not survive for adjudication, the Writ Petition is dismissed as infructuous; no order as to costs; pending miscellaneous applications, if any, stand closed. No adjudication on merits.

[3459]

APHC010467902018

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21952/2018

Between:

M/S. SURE YAH INDANE, LPG DISTRIBUTOR OF INDIAN OIL CORPORATION LIMITE D. NO. 13-5-10/D, VALLIPALLI VARI STREET, KOVVUR WEST GODAVARI DISTRICT, REPRESENTED BY ITS PROPRIETOR TANETI SURYA KUMAR, S/O. BABI SAROJINI

...PETITIONER

AND

INDIAN OIL CORPORATION LIMITED MARKETING DIVISION, SOUTHERN REGION INDIAN OIL BHAVAN, 139, NUNGAMBAKKAM HIGH ROAD CHENNAI -600034, REP BY ITS EXECUTIVE DIRECTOR

THE DEPUTY GENERAL MANAGER CONTRACTS, INDIAN OIL CORPORATION LIMITED, INDIANOIL BHAVAN 139, NUNGAMBAKKAM HIGH ROAD, CHENNAI -600034

THE CHIEF PLANT MANAGER, INDIAN OIL CORPORATION LIMITED LPG BOTTLING PLANT, J. N. PHARMA CITY (S.O.) IDA PARAVADA (MANDAL), VISAKHAPATNAM

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue Writ, order or direction particularly one in the nature of Writ of MANDAMUS declaring action of the Respondents in calling for written consent vide letter dated 21.06.2018 from the interested LPG Distributors and existing packed transporters of Vizag BP without allocating to balance un-

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allocated truck in ascending order as per the Tender Evaluation Criteria of Tender No. SRCC/PT/132/TAPSO/2017-18, in not allocating petitioners trucks under MSE Category in the Tender called vide Tender No. SRCC/PT/132/TAPSO/2017-18, in not allocating sufficient numbers of trucks to the SC member as per 15 percentage reservation in this tender and unfulfilled reserved number from the previous tender and in allocating trucks not registered in State in which bottling plant is located contrary to the conditions in Tender No. SRCC/PT/132/TAPSO/2017-18 as illegal, discriminative, arbitrary, malafidy, mockery, contrary to the terms and conditions of Tender No. SRCC/PT/132/TAPSO/2017-18 and in violation of Article 14 and 19(g) of the Constitution of India and consequentially direct the Respondents to re-evaluate the tenders duly following the tender evaluation criteria and other terms and condition of the Tender No. SRCC/PT/132/TAPSO/2017-18 in the interest of justice and pass

IA NO: 1 OF 2018

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to allocate any new truck other than the trucks offered in Tender No. SRCC/PT/ 132/TAPSO/2017-18 pending disposal of the above writ petition in the interest of justice and pass

Counsel for the Petitioner:

1.KAMBHAMPATI RAMESH BABU

Counsel for the Respondent(S):

1.S.V.S.S.SIVA RAM

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JS,J W.P.No.21952/2018

The Court made the following ORDER:

Learned counsel appearing for the petitioner submits that the cause in the writ petition does not survive for adjudication.

Recording the submission of learned counsel appearing for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________________ JUSTICE SUMATHI JAGADAM

Dated: 22.12.2025 KAS

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JS,J W.P.No.21952/2018

144

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 21952/2018

Dated: 22.12.2025 KAS