Raghuram Gas Agencies v. The Hindustan Petroleum Corporation Limited

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.1324 OF 2018 ORDER:

Heard Sri A.Giridhar Rao, learned counsel for the petitioners, and Sri B.Mayur Reddy, learned Standing Counsel appearing for respondent Nos.1 to 4.

2.

In the present writ petition, challenge is to the letter of acceptance in Letter No.CPO/LPG/VIZ, dated 11.12.2017, issued by respondent No.2 in favour of respondent No.5. 3.

When the matter is taken up, a preliminary objection as to the maintainability of the writ petition is taken by the learned Standing Counsel by contending that as per Clause 41 of the General Terms and Conditions of the tender, there is an alternative remedy for the petitioners herein to approach the "Grievance Redressal Mechanism" and without availing the same, the petitioners herein have approached this Court by way of the present writ petition under Article 226 of the Constitution of India. 4.

On the other hand, it is submitted by the learned counsel for the petitioners that on 14.12.2017, petitioners herein submitted a complaint before the Grievance Cell under Clause 41 of the General Terms and Conditions of the tender.

5.

It is submitted by the learned Standing Counsel that the respondent Corporation did not receive any such complaint from the petitioners. It is further submitted by the learned Standing Counsel that if the petitioners herein submit a complaint afresh,

the same will be considered and appropriate action will be taken strictly in accordance with law.

6.

Recording the said submission, the Writ Petition is disposed of, permitting the petitioners herein to submit a complaint before the "Grievance Redressal Mechanism" under Clause 41 of the General Terms and Conditions of the tender within a period of one week from the date of receipt of a copy of this order. If any such complaint is made, the same shall be considered and appropriate orders shall be passed within a period of two (2) weeks thereafter after giving opportunity to all the stakeholders as per law. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

____________________________ JUSTICE A.V.SESHA SAI Date: 22.01.2018 Note:- Furnish C.C. within two (2) days.

B/O AMD

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.1324 OF 2018 DATE: 22.01.2018 AMD