VASUNDHARA ENTERPRISES Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) IN the present Writ application the petitioner has questioned the legality and propriety of rejection of his bid for appointment of Carrying and Forwarding Agent (hereinafter referred to as CFA) for Lubricants of Indian Oil Corporation, a Government of India undertaking to be situated at Dhanbad and established by the Indian Oil Corporation Limited, Bihar State Office Patna. The said communication is contained in letter dated 8.2.2006 (Annexure 11 to the Writ application).

(2.) IN course of the Writ proceedings counter affidavit was filed by the Indian Oil Corporation and on disclosure that apart from petitioner there was only one other person in the running and consequent to the rejection of the petitioner the other person was to be granted the agency, the other person, namely, Pradeep Kumar Santhalia was added as respondent No. 4 and notices issued to him. He has also appeared and filed a counter affidavit.

(3.) BY the said impugned communication the petitioner has been informed that the land documents submitted by the petitioner does not meet the NIT condition and hence the petitioners tender documents for price bid is not to be considered. It is the legality in the correctness of this communication, that is in challenge. It is common ground that by the said order what is being communicated was that the petitioner having submitted a registered lease deed in his favour for a period of more than six years, as required, this deed was found to be inappropriate and not in accordance with law relating to lease, more specifically not in accordance with Sec.107 of the Transfer of Property Act.