Writ challenge to an IOC road transportation tender for bulk petroleum products ex-Barauni Terminal. The petitioner, though L1 in price bid, was not allotted work as the quota filled per the ranking list; allegations of clause 13(a)-(b) violations by other bidders were rejected and the writ application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13310 of 2023
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Chisti Roadways through its Proprietor, Radha Devi, female, aged about 49 years, W/O - Rajkumar Paswan, Resident of Ward no. 12, Nayatol, Begusarai, P.S.- Agarpur, District- Begusarai, having its registered office at NH- 31, at Deona, Tilrath, P.S. - Barauni, District - Begusarai.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Alok Ranjan, Advocate For the Respondent/s : Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 22-08-2024
Patna High Court CWJC No.13310 of 2023 dt. 22-08-2024 2/7
counsel for Indian Oil Corporation Limited and learned counsel for the private respondents.
Patna High Court CWJC No.13310 of 2023 dt. 22-08-2024 3/7
provided that carrier shall not be entitled to change ownership or sublet the tank-trucks being offered. In spite of the respondent nos. 6 to 9 having flouted the terms and conditions as provided in clause 13 (a) and (b) of the NIT, the respondent authorities did not take note of the same and awarded the work to the respondent nos. 6 to 10. The petitioner having succeeded in the technical bid and being L1 in the financial bid, he should have been awarded the work and as such the instant writ application for the reliefs as prayed for.
Patna High Court CWJC No.13310 of 2023 dt. 22-08-2024 4/7
Patna High Court CWJC No.13310 of 2023 dt. 22-08-2024 5/7
affidavit of respondent no. 10, it transpires that as per the prequalification criteria a minimum of three tank-trucks were required in case of general tenderers. The maximum number of tank-trucks that a tenderer could offer was twenty four. Clause 1.11 which dealt with evaluation of tenders, sub-clause (a) thereof clearly provided that ranking of tenderers will be based on the highest number of tank-trucks qualified in the desired ratio as explained therein.
Patna High Court CWJC No.13310 of 2023 dt. 22-08-2024 6/7
learned counsel for the respondent no. 6 in his counter affidavit has stated that the tank-truck bearing registration no. BR09GB5152 was finally sold and transferred in his name on 17.1.2023 as is evident from Form-24 issued by the Bihar Transport Department Authority, Begusarai and the last date for submission of tender in terms of NIT was 21.2.2023. Similarly respondent no. 7 in his counter affidavit has stated with respect to the tank-truck bearing registration no. BR-09B-8911 that ownership of the said tank-truck was transferred in his name on 2.2.2023 and the bid was submitted on 21.2.2023. Further clause 1.11 i.e. evaluation of tenders clearly provides that tenderers with highest number of qualified tank-trucks in Lot 1 will be ranked in the top. The allocation is to be provided as per the ranking list prepared upon the evaluation of the tenderers and clause 1.4 (3) of the NIT further provided that though minimum requirement of tank-trucks (i.e. 3 in general category) is only for qualification criteria, however the IOC could award the work to tenderer for lesser number of tank-trucks also to meet the total requirement of tank-trucks.
Patna High Court CWJC No.13310 of 2023 dt. 22-08-2024 7/7
list prepared by the IOC upon the evaluation of the tenderers. So far as the allegations against the respondent nos. 6 to 9 are concerned, the Court finds no merit in the same.
(Partha Sarthy, J)
K. Vinod Chandran, CJ: I agree.
(K. Vinod Chandran, CJ)
Harsh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | 06.08.2024 |
| Uploading Date | 22.08.2024 |
| Transmission Date | 22.08.2024 |
1 issue framed by the court
Whether LOAs under the IOC transport tender could be quashed on allegations that respondents 6 to 9 violated clause 13(a) and (b) of the NIT despite petitioner quoting L1 rate.
Chisti Roadways through its Proprietor, Radha Devi
The Chairman, Indian Oil Corporation Limited
The Manager Contracts ERO, Regional Contract Cell, IOCL
The CGM (operations) IOCL
The Executive Director and State Head, Bihar Head Office, Indian Oil Corporation Limited
Sultania Carriers Pvt Ltd.
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
