PRAKSASH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the action of the 2nd respondent in not permitting the petitioner to participate in the Notice inviting e-Tender bearing Tender No.SRCC/PT/003/TAPSO/2022-23 on the basis of the booking receipt of the respective category of the trucks obtained from the authorized dealer as illegal, arbitrary and unconstitutional and consequentially to direct the respondent to permit the petitioner to participate in the tender on the basis of booking receipt.

(2.) Heard the learned counsel for the petitioner Sri R.Sushanth Reddy and learned standing counsel for the respondent No.2/Indane Oil Corporation Limited (IOCL) Sri Dominic Fernandez.

(3.) Learned counsel for the petitioner submitted that the respondent No.2 invited tenders for award of contract for transportation of Indane LPG cylinders in vertical position on unit rate basis, from Kondapally bottling plant to locations within and outside the States of Telangana and Andhra Pradesh for a period of 3 years. The respondent No.2/Corporation was the manufacturer of Indane LPG gas cylinders. The said gas cylinders were distributed across the States of Telangana and Andhra Pradesh from Kondapally Bottling Plant. The distributors of the said cylinders attached to Kondapally Bottling Plant had an option to either opt to use their own trucks for the transport of the cylinders from the bottling plant to the warehouse or use the trucks provided by respondent No.2/Corporation. The respondent No.2/Corporation had invited for Expression of Interest from the existing distributors attached to Kondapalli Bottling Plant for own load transportation on unit rate basis and the instant tender is floated for the award of contract for transportation to regular distributors. The unit rate basis under the expression of interest was to be fixed on the basis of L-1 rates arrived at in the instant tender. The purpose of both the tenders were the same and they were intertwined.