Karnataka High Court
M/S Majuwar Raodways vs Union Of India on 2 November, 2023
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NC: 2023:KHC-D:12797
WP No. 104155 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 104155 OF 2023 (GM-TEN)
BETWEEN:
M/S. MUJAWAR RAODWAYS,
PLOT NO. 10632, NEHRU NAGAR,
BELAGAVI-590010,
KARNATAKA STATE.
REPRESENTED BY ITS
MANAGING PARTNER,
ARIF MUJAWAR,
AGE: 57 YEARS, OCC: BUSINESS,
R/O. PLOT NO. 10632, NEHRU NAGAR,
BELAGAVI-590010,
TQ/DIST: BELAGAVI,
KARNATAKA STATE.
...PETITIONER
(BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE)
ROHAN
HADIMANI
T
Digitally AND:
signed by
ROHAN
HADIMANI T
1. UNION OF INDIA,
MINISTRY OF PETROLEUM AND NATION GAS,
SHASTRI BHAVAN, NEW DELHI-110001,
REPRESENTED BY ITS SECRETARY.
2. THE INDIAN OIL CORPORATION LIMITED,
HAVING ITS REGISTERED OFFICE AT:
NO. G-9, ALI YAVAR JUNG MARG,
BANDRA (E), MUMBAI-400051,
REPRESENTED BY ITS CHAIRMAN AND DIRECTOR.
3. THE INDIAN OIL CORPORATION LIMITED,
KARNATAKA STATE OFFICE,
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NC: 2023:KHC-D:12797
WP No. 104155 of 2023
NO.29, P. KALINGA RAO ROAD,
BENGALURU-560027,
REPRESENTED BY ITS
THE SENIOR GENERAL MANAGER.
4. THE INDIAN OIL CORPORATION LIMITED,
REGIONAL CONTRACT CELL, 11,
INDIAN OIL BHAVAN, NO. 139,
UTHAMOR, GANDI ROAD,
(NUNGAMBAKKAM HIGH ROAD),
CHENNAI-600034, REPRESENTED BY ITS
GENERAL MANAGER.
5. THE INDIAN OIL CORPORATION LIMITED,
(MD) NEAR DESUR RAILWAY STATION,
DESUR-590014, TQ & DIST: BELAGAVI.
...RESPONDENTS
(BY SRI.VENKATESH M. KHARVI, DY. SOLICITOR GENERAL FOR R1;
SRI.C.V.ANGADI, ADV. FOR R2 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO
QUASH THE IMPUGNED COMMUNICATION BEARING REF NO.
SRCC/PT/060/KASO/2021-22 DATED: 12.06.2023 ISSUED BY THE
4TH RESPONDENT AS PER ANNEXURE-A AND SUCH OTHER RELIEFS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:12797
WP No. 104155 of 2023
ORDER
The petitioner participated in the tender for road transportation of bulk petroleum products by top loading tank trucks. The tender was allotted by respondent No.4. The bid of the petitioner has been rejected on the ground that a person is not entitled to submit multiple bids either individually or in any combination of person. Aggrieved by the same, the present writ petition is filed and that the petitioner has submitted multiple bids.
2. The petitioner is not in a position to dispute that he has not submitted multiple bids. It is not disputed either by the petitioner or by the respondents that the petitioner submitted a bid in his individual capacity as well as a partner of another firm. Clause 1.8 of Invitation to tender reads as under:
"1.8 Multiple bids:
A person shall be deemed to have submitted multiple bids in the tender, if he submits more than one bid either individually or in any combination of person (individual capacity, proprietor, affiliates, partnership, association of persons, Company). All such multiple bids shall be liable for rejection.
An affidavit to be submitted by the tenderer (as per the format in the tender) that no multiple bids have been submitted."-4-
NC: 2023:KHC-D:12797 WP No. 104155 of 2023
3. Admittedly, the petitioner has submitted a bid in his individual capacity and as part of a partnership firm and the same violates the aforementioned condition imposed by respondent No.3 in the tender notification.
For the aforementioned reasons, the writ petition is hereby dismissed.
Sd/-
JUDGE RSH / Ct-mck List No.: 1 Sl No.: 11