M/S New Chisti Road Lines v. The Chairman, Indian Oil Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9240 of 2023 ====================================================== M/S New Chisti Road Lines through its Proprietor Anita Devi, female aged about 41 years, Ram Pravesh Tati, R/o Ward No. 1, Mohalla-Milki Tola, Sahuri, P.O. and P.S.-Sahuri, Begusarai, having its office at NH-31, AT Deona, Tilrath, P.S.-Barauni, District-Begusarai. ... ... Petitioner/s

Versus

1.

The Chairman, Indian Oil Corporation Limited Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai, Maharastra. 2.

The CGM (operations) IOCL, Bihar State Office, 5th Floor, Lok Nayak Jia Prakash Bhawan, Dakbunglow Chowk, Patna-1, Bihar. 3.

The Executive Director and State Head, Bihar Head Office Indian Oil Corporation Limited (MD), 5th Floor, Lok Nayak Jia Prakash Bhawan, Dakbunglow Chowk, Patna-1, Bihar.

4.

The Senior Manager, (contract cell) ERO Indian Oil Corporation Limited, 5th Floor, Lok Nayak Jia Prakash Bhawan, Dakbunglow Chowk, Patna-1, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 31-10-2023 In the instant writ petition, petitioner has prayed for the following relief(s):- I. For quashing of the letter dated 05.06.2023 issued under the signature of respondent no.2, whereby and where under without considering the grievances of the petitioner, the representation filed on

Patna High Court CWJC No.9240 of 2023(9) dt.31-10-2023 2/3 behalf of the petitioner has erroneously been disposed of.

II. For directing and commanding the respondent authorities to allow the petitioner to place her Tank Truck, for transportation of petroleum products, as the petitioner is transporter and was declared successful in the tender process (in technical bid as well as in financial bid) pursuant to NIT (Notice Inviting Tender) bearing NIT no.

RCC/ERO/37/2022-23/PT-154, and accordingly Letter of Acceptance was issued and as directed petitioner had deposited an amount of Rs. 50,000/= as security deposit and furnished agreement documents also to the respondents authorities.

III. For any other relief or reliefs for which the petitioner is entitled under law in the facts and circumstances of the present case.

2. Prima facie, the petitioner has not fulfilled the relevant eligibility criteria insofar as purchase of vehicle. Even though the petitioner has furnished booking slip of vehicle purchase (chassis). However, she could not arrange for loan to purchase the chassis and for construction of tanker in order to meet the criteria, which resulted in not considering the petitioner's name for road transportation of Bulk Petroleum Product- ATF- By Top Loading Tank Trucks Ex-Barauni Terminal. Therefore, the petitioner has not made out a case.

3. Accordingly, the instant writ petition stands

Patna High Court CWJC No.9240 of 2023(9) dt.31-10-2023 3/3 dismissed.

4. The concerned authority is hereby directed to refund the security deposit of the petitioner, if it is not refunded as on today. The same shall be refunded within a period of two months from the date of receipt of a copy of this order. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) DKS/- Balmukund/- U