Karnataka High Court
M/S Mujawar Roadways vs Union Of India on 16 December, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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W.P. No.101426/2022
C/w. W.P. No.101429/2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 101426 OF 2022 (GM-TEN)
C/W. WRIT PETITION NO. 101429 OF 2022 (GM-TEN)
W.P. NO.101426/2022:
BETWEEN:
M/S MUJAWAR ROADWAYS,
PLOT NO. 10632, NEHRU NAGAR,
BELAGAVI, KARNATAKA,
REP. BY THE MANAGING PARTNER
ARIF MUJARWAR, AGE 57 YEARS
OCC: BUSINESS, R/O. PLOT NO.10632,
NEHRU NAGAR, BELAGAVI, KARNATAKA.
... PETITIONER
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. UNION OF INDIA,
MINISTRY OF PETROLEUM AND NATURAL GAS,
SHASTRI BHAVAN, NEW DELHI - 110001,
REP.BY ITS SECRETARY.
2. THE INDIAN OIL CORPORATION LIMITED,
HAVING ITS REGISTERED OFFICE NO. G-9,
ALI YAVAR JUNG MARG, BANDRA (E),
MUMBAI- 400051.
REP. BY ITS CHAIRMAN AND DIRECTOR.
3. THE INDIAN OIL CORPORATION LIMITED
KARNATAKA STATE OFFICE,
NO. 29 P. KALINGA RAO ROAD,
BENGALURU-560 027,
REP. BY SENIOR GENERAL MANAGER.
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W.P. No.101426/2022
C/w. W.P. No.101429/2022
4. THE INDIAN OIL CORPORATION LIMITED,
REGIONAL CONTRACT CELL, 11,
VIII INDIAN OIL BHAVAN, NO. 139,
UTTAMAR GANDHI SALI
(NUNGAMBAKKAM HIGH ROAD),
CHENNAI - 600034
REP. BY ITS DEPUTY GENERAL MANAGER.
(CONTRACT CELL).
5. THE INDIAN OIL CORPORATION LIMITED,
(MD) NEAR DESUR RLY, STATION DESUR
BELAGAVI - 590014.
... RESPONDENTS
(BY SRI. SANJAY S. KATAGERI, CGSC ADVOCATE FOR R1;
SRI. C.V. ANGADI, ADVOCATE FOR R2 TO R5;
SHRI ASHOK T. KATTIMANI, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE ORDER DATED 27/09/2021
COMMUNICATED THROUGH EMAIL VIDE ANNEXURE-G BY THE
RESPONDENT NO.4 & ETC.,
W.P. NO.101429/2022:
BETWEEN:
M/S MUJAWAR PETROLEUM,
PLOT NO.1308, OPP: TATA POWER,
GATE NO.3, KIADB, KANABARGI ROAD,
BELAGAVI, KARNATAKA-590 016,
REP. BY SOLE PROPRIETOR,
ATHIF MUJARWAR,
R/O: PLOT NO.1308, OPP: TATA POWER GATE,
NO.3, KIADB, KANABARGI ROAD,
BELAGAVI, KARNATAKA.
... PETITIONER
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. UNION OF INDIA,
MINISTRY OF PETROLEUM AND NATURAL GAS,
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W.P. No.101426/2022
C/w. W.P. No.101429/2022
SHASTRI BHAVAN, NEW DELHI - 110001,
REP.BY ITS SECRETARY.
2. THE INDIAN OIL CORPORATION LIMITED,
HAVING ITS REGISTERED OFFICE NO. G-9,
ALI YAVAR JUNG MARG, BANDRA (E),
MUMBAI- 400051.
REP. BY ITS CHAIRMAN AND DIRECTOR.
3. THE INDIAN OIL CORPORATION LIMITED
KARNATAKA STATE OFFICE,
NO. 29 P. KALINGA RAO ROAD,
BENGALURU-560 027,
REP. BY SENIOR GENERAL MANAGER.
4. THE INDIAN OIL CORPORATION LIMITED,
REGIONAL CONTRACT CELL, 11,
VIII INDIAN OIL BHAVAN, NO. 139,
UTTAMAR GANDHI SALI
(NUNGAMBAKKAM HIGH ROAD),
CHENNAI - 600034
REP. BY ITS DEPUTY GENERAL MANAGER.
(CONTRACT CELL).
5. THE INDIAN OIL CORPORATION LIMITED,
(MD) NEAR DESUR RLY. STATION DESUR,
BELAGAVI - 590014.
... RESPONDENTS
(BY SRI. SANJAY S. KATAGERI, CGSC ADVOCATE FOR R1;
SRI. C.V. ANGADI, ADVOCATE FOR R2 TO R5;
SHRI ASHOK T. KATTIMANI, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE ORDER DATED 27/09/2021
COMMUNICATED THROUGH EMAIL VIDE ANNEXURE-G BY THE
RESPONDENT NO.4 & ETC.,
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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W.P. No.101426/2022
C/w. W.P. No.101429/2022
ORDER
1. These writ petitions are filed challenging the endorsement dated 27.09.2021, by which the bids of the petitioners were rejected on the ground that the petitioners had engaged in multiple bidding.
2. It is argued by the learned counsel for the petitioner in W.P. No.101426/2022 was a partnership concern, whereas the petitioner in W.P. No.101429/2022 was a proprietary concern.
3. It is submitted that since the respondents contended that these amounted to multiple bids in terms of the tender notification, they ought to have rejected only one of the bids and not both of them.
4. Learned counsel for the respondents Shri C.V. Angadi on the other hand contends that there cannot be any deviation form the tender conditions and since the tender condition stipulated that both the bids should be rejected, the authorities had rejected the same. -5- W.P. No.101426/2022 C/w. W.P. No.101429/2022
5. It is also submitted by the learned counsel Shri Jagadish Patil that though notification was to procure 78 trucks, there is a shortage of 15 to 20 trucks, since some of the bidders have not submitted the requisite number of trucks. He submits that a direction may be issued to the respondents to consider the case of the petitioners in respect of the shortage of 15 to 20 trucks without going into the merits of the contentions advanced by him.
6. In view of the said submission, having regard to the fact that the petitioner was otherwise eligible to participate in the tender, it would be appropriate to direct the respondents to consider the request of the petitioner for being allocating the trucks in respect of which there is a shortfall in supply.
7. The respondents shall undertake and complete the said exercise of the said consideration within a period of 15 days from today.
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8. It is open for the petitioner to submit a representation detailing the trucks that he can make available to the respondents.
The writ petitions are accordingly disposed off. In view of the disposal of the writ petitions, pending applications, if any, do not survive for consideration.
sd JUDGE Vnp* List No.: 1 Sl No.: 44