Bhukya Muralikrishna v. Indian Oil Corporation
W.P. No.31158 of 2025 and W.M.P. Nos.34901 & 34903 of 2025 and 14968 of 2026 M. DHANDAPANI, J.
The matter is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that the petitioner had applied for the subject tender on 27.04.2025, but in the 2nd paragraph of the order dated 15.04.2026, it has been mentioned as 24.07.2025. Hence, the said dated has to be corrected and prayed accordingly.
3. The said date has been typed wrongly, inadvertence and the same stands corrected as 27.04.2025. Accordingly, para 2 of the said order shall stand substituted with the following :-
2. Learned Senior counsel appearing for the petitioner would submit that the petitioner belonged to Schedule Tribe community, Vijayawada, Andhrapradesh and is engaged in the business of transporting goods. The 1st respondent has floated tender for transportation of Bulk LPG by road to the State of Andhrapradesh. The petitioner, being pre qualified, had applied for the tender along with necessary documents on 27.04.2025, However, he was required to upload all the necessary documents second time on 08.05.2025 The
respondents have got two rounds for selecting L1, first on technical bid, secondly on price bid. One of the pre-conditions for becoming a qualified person is that the bidder should produce document of his own vehicle. While uploading the details of vehicle second time, the petitioner, inadvertently, by over sight, instead of uploading the details of his own vehicle, wrongly uploaded the details of other vehicle. Citing the above said reason, the 2nd respondent, through the order impugned dated 31.07.2025, rejected the bid of the petitioner on technical ground stating that the petitioner's own vehicle details does not meet the pre-qualification. Hence, the petitioner gave representation dated 01.08.
2025 seeking one opportunity to rectify the error made in uploading and requested the respondent to permit the petitioner to participate in the technical bid and financial bid. However, till date, the respondent did not consider the petitioner's representation and has remained silent. Left with no other alternative, challenging the technical disqualification dated 31.07.2025, the present writ petition is filed.
4. Except the aforesaid modification, remaining portion of the order dated 15.04.2026 remain unaltered.
5. Registry is directed to carry out aforesaid corrections and issue fresh order copy to the parties.
29.04.2026 vsi2 M.DHANDAPANI, J.
vsi2
W.P. No.31158 of 2025 and W.M.P. Nos.34901 & 34903 of 2025 and 14968 of 2026 29.04.2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 31158 of 2025 & WMP.No.34901 & 34903 of 2025 & 14968 of 2026 Bhukya Muralikrishna Rep By Proprietor B Murali Krishna No. 54-13 8/6 Road No. 6 Srinivasa Nagar Bank Colony, Vijyawada 520 008.
..Petitioner Vs
1. Indian Oil Corporation Limited (IOC) Rep by Authorized Officer, Southern Regional Office,
Indian Oil Bhavan, 139 Utamar Gandhi Salai, Chennai 6000 34.
2. M/s. Indian Oil Corporaiton Limited (IOC) Rep By Its Tender Inviting Authority Southern Regional Officer,139 Uthamar Gandhi Salai, Chenani 600 034.
..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call the records on the file of the 2nd respondent pertaining to Tender No. LPG/BULK/TT/IOC/AP/2025-30 and Tender ID NO. 2025-SROTN-183999-1, order dated 31.07.2025 insofar as relating to the petitioner herein quash the same as illegal and consequently direct the 2nd respondent to reconsider bid of the petitioner with bidding number 1067661 in the financial bid.
For Petitioner :
M/s. N.A.Nissar Ahmed Senior Counsel for M/s.N.A.Nassir Hussain Sundara Rajan SV Agathian J. Pandian For Respondents :
Mr.Mohammed Fayaz Ali Standing Counsel
ORDER
This Writ Petition is filed challenging the order passed by the 2nd respondent, dated 31.07.2025, rejecting the technical bid of the petitioner on the ground that he did not meet the minimum pre-qualification criteria.
2. Learned Senior counsel appearing for the petitioner would submit that the petitioner belonged to Schedule Tribe community, Vijayawada,
Andhrapradesh and is engaged in the business of transporting goods. The 1st respondent has floated tender for transportation of Bulk LPG by road to the State of Andhrapradesh. The petitioner, being pre qualified, had applied for the tender along with necessary documents on 24.07.2025, However, he was required to upload all the necessary documents second time on 08.05.2025 The respondents have got two rounds for selecting L1, first on technical bid, secondly on price bid. One of the pre-conditions for becoming a qualified person is that the bidder should produce document of his own vehicle. While uploading the details of vehicle second time, the petitioner, inadvertently, by over sight, instead of uploading the details of his own vehicle, wrongly uploaded the details of other vehicle.
Citing the above said reason, the 2nd respondent, through the order impugned dated 31.07.2025, rejected the bid of the petitioner on technical ground stating that the petitioner's own vehicle details does not meet the pre-qualification. Hence, the petitioner gave representation dated 01.08.2025 seeking one opportunity to rectify the error made in uploading and requested the respondent to permit the petitioner to participate in the technical bid and financial bid. However, till date, the respondent did not consider the petitioner's representation and has remained silent. Left with no other alternative, challenging the technical disqualification dated 31.07.2025, the present writ petition is filed.
3. Learned Senior counsel appearing for the petitioner, submitted that
though the petitioner made a representation on 01.08.2025 seeking one opportunity to rectify the mistake in uploading, the same has not been considered by the respondent authorities. He further submitted that the impugned order is passed without considering the terms of clause 24 of the tender conditions , However, he submitted that without interfering with the order impugned, this court may issue a direction to the respondents to consider petitioner's representation dated 01.08.2025 and pass appropriate orders.
4. The learned counsel for the respondents would submit that as per the clause contained in tender notification, it is the bounden duty of the petitioner to upload the RC book along with the ownership of truck. In the present case, the petitioner uploaded RC book in respect of some other tanker lorry, thereby the petitioner's bid was technically disqualified in terms of clause 1 of the pre qualification criteria. However, the petitioner's representation dated 01.08.2025 will be considered in terms of clause 24 of the tender conditions and appropriate orders would be passed.
5. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
6. Without interfering with the order impugned, this court is inclined to
issue a direction to the 2nd respondent to consider the petitioner's representation dated 01.08.2025 in terms of clause 24 of the tender notification within a period of four weeks from the date of receipt of copy of this order, if not already passed. No costs. Consequently, the connected miscellaneous petitions are closed.
15-04-2026 Index: Yes/No Speaking/Non-speaking order MSR
To
1. Indian Oil Corporation Limited IOC Rep By Authorized Officer, Southern Regional Office, Indian Oil Bhavan 139 Utamar Gandhi Salai, Chennai 6000 34.
2. M/s. Indian Oil Corporation Limited, IOC Rep By Its Tender Inviting Authority Southern Regional Officer, 139 Uthamar Gandhi Salai, Chenani 600 034.
M.DHANDAPANI J.
msr WP No. 31158 of 2025 & WMP.No.34901 & 34903 of 2025 & 14968 of 2026 15-04-2026