HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1403 of 2014 Dated : 24.01.2014 Between:
Haripriya Bulk Carriers, rep.by its Proprietor, Smt. K.Krishnaveni, w/o. Srinivas Kumar, Aged: 40 years, Plot Nos.173 & 174, 5th Road, 5th Cross, Jawahar Auto Nagar, Vijayawada, Krishna district.
……. Petitioner And The Indian Oil Corporation Limited, Rep.by its Chief Terminal Manager (MD), Malkapuram (Post), Visakhapatnam and another …… Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1403 of 2014 ORDER :
The case of the petitioner is that tender notification was issued by the Indian Oil Corporation Limited calling for tenders for road transportation of bulk petroleum products. Petitioner participated in the tender. Petitioner submitted the availability of one truck for carrying out the transportation of bulk petroleum products. The tender submitted by the petitioner is rejected on the technical ground that though the tender notification requires submission of two tank trucks, whereas the petitioner has offered only one tank truck. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that tender notification in Para-I, the scope of work, it was indicated that the possible transportation is of 20 KL, whereas the tank should have the capacity to take the load of 20 KL and above. He further submits that petitioner satisfied this condition since the capacity of the tank truck offered by the petitioner had 24 KL. In Para-IV, eligibility criteria is indicted. In sub-para (4) of para-IV in tabulated form, the requirement of tank trucks as with reference to the capacity of taking the load is indicated. Third column deals with making availability of tank truck. If the supply is less than 20 KL and only one tank truck is required. Second column deals with supply of 20 KL and more up to 50 KL, where requirement is two. He further submits that there was some misunderstanding regarding the clauses used in sub-para and, therefore, due to mistake and oversight, petitioner has furnished only one tank truck, though he has more than one tank truck. He further submits that in the earlier tender notification, clause was otherwise and it was specifically mentioned the eligibility criteria in sub-para 4 of Para-IV. This change has added confusion. Learned counsel further submits that due to mistake and misunderstanding of relevant clauses, the petitioner should not be made to suffer, though he was otherwise qualified and petitioner is existing contractor and pledged two tank trucks as per the earlier contract awarded to him.
3. Learned counsel for the petitioner submits that in fact expressing difficulties faced by the contractors, representation was submitted on 10.01.2014 to consider their request favourably and permit them to furnish availability of tank trucks and this would show that there was some misunderstanding on the clauses by all contractors.
4. Learned standing counsel for the Corporation submits that as per the tender notification, it was mandatory to the petitioner to furnish availability of two tank trucks and it was his mistake and, therefore, there is no merit in the contention of the petitioner.
5. Both counsels agree for disposal of writ petition at the admission stage.
6. Having regard to the submissions made by the counsel for the petitioner and standing counsel for the respondent, this writ petition is disposed of directing the respondents to permit the petitioner to offer one more tank truck in addition to one already furnished and consider his tender if letter of intent is not issued to prospective tenderers in pursuant to tenders called by respondent Corporation for road transportation of bulk petroleum products as on today and without reference to letter No.APSO/OPS/POL/PT-07/D-1/Rejection, dated 13.12.2013.
Miscellaneous petition, if any, pending in this writ petition, shall stand closed. No costs.
JUSTICE P.NAVEEN RAO Date: 24.01.2014 Note: Issue C.C. by three days B/o. Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1403 of 2014 Dated : 24.01.2014 kkm