SOUTHERN REGION BULK LPG TRANSPORT OWNERS ASSOCIATION Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED AND ORS.

JUDGEMENT

(1.) The petitioner has come forward with this writ petition assailing the tender notification dated 22.01.2016 issued by the second respondent, by which, the second respondent invited applications for supply of additional tank, trucks for South Central Zone for Transportation of Bulk Liquefied Petroleum Gas (in short LPG).

(2.) The case of the petitioner, which are essential for disposal of this writ petition is as follows: -

(3.) The learned Senior counsel for the petitioner submits that the respondents corporation has already entered into agreements with the petitioner association as well as other successful bidder in respect of Southern Zone and have a subsisting contract with them for transportation of bulk LPG by road, including the areas which have now been re -classified as South Central Zone. Therefore, according to the learned senior counsel for the petitioner, the impugned tender notification amounts to calling for fresh tenders for additional tank trucks in violation of the clauses 20 and 24 of the tender notification in which the petitioners were awarded the contract. The issuance of impugned tender notification covering the areas which are already covered in the earlier tender notification and the contract awarded to the petitioner association which is in force is arbitrary. If the respondent intending to get additional supplies of tank trucks, as per clauses incorporated in the tender awarded in favour of the petitioner, the respondents have to exhaust their requirement with the petitioners and in case the petitioners are unable to meet the demand made by the corporation, then the corporation can proceed with a fresh tender. In the present case, the petitioners were never asked to quote or supply additional tank trucks for supply of bulk LPG by road and therefore, it is submitted by the learned Senior counsel for the petitioner that the impugned tender notification is arbitrary and uncalled for. It is mainly contended by the learned senior counsel for the petitioner that the impugned tender notification has been purportedly issued to cover the areas which are classified as South Central Zone. According to the learned senior counsel for the petitioners, in the past, the corporation has not flouted any tender for the so -called South Central Zone and it would only mean that additional tank trucks are required for southern zone for which already tender was flouted and awarded in favour of the petitioner association. Therefore, the present attempt on the part of the corporation in creating a new zone called South Central Zone would only deprive and disentitle the petitioner association from participating the tender.