TANK TRUCK OWNERS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court is the Tank Truck Owners' Association representing its members who claim to be owners of tank trucks. In this writ application the petitioner has challenged the guidelines contained in the tender notice vide No. JT -3/2002/ HPCL/LOC(MD) /BPCL/IBP from P.O.L. tank truck owners as well as Corporation dealers for award of separate contracts for road transportation of bulk petroleum products like MS/HSD/SKO/Black oil/ATF/A.V. Gas, etc., to storage locations, such as Depots and out -lets within and outside the State of Orissa.

(2.) THE Tender Call Notice has been challenged on the following grounds :

(3.) WE have perused the clause with regard to the earnest money deposit which shows that the existing dealers and distributors of the four oil companies are required to pay Rs. 1000/ - towards earnest money whereas others are required to pay Rs. 10,000/ -. So far as the security deposit is concerned, it also appears that the existing dealers/distributors of the four oil companies are required to pay Rs. 25,000/ - per tank truck, whereas others are required to pay Rs. 50,000/ - per tank truck. We do not find any arbitrariness in fixing such amount in view of the reason that the distributors/ dealers are under the administrative control of the oil companies, whereas private truck owners are not under the administrative control of the company. Therefore, there has been a difference between the dealers/distributors and the private tank truck owners. We therefore, do not think that the discrimination pointed by Sri Nayak, learned counsel for the petitioner involves any arbitrariness.