M/S Lalbaba Enterprises And Another v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

WPA/306/2021 M/s Lalbaba Enterprises & another ... Petitioners Vs.

The Lieutenant Governor and others ... Respondents Mr.Mohd. Tabraiz, Advocate ... for the petitioners Mr.Shatadru Chakraborty, Advocate... for the respondents December 20, 2021 [GNC] Item No.4 The writ petition is taken up for consideration subsequent to the order dated December 15, 2021.

Learned advocate appearing for the petitioners submits that the petitioners placed six trucks before the Indian Oil Corporation for inspection and that the Indian Oil Corporation found such trucks suitable for the purpose of executing the tender.

Learned advocate appearing for the petitioners submits that acting in terms of the order dated December 21, 2021, when the petitioners went to take delivery of the six trucks concerned they were made to pay demurrage charges which the petitioners deposited under protest.

As noted in the order dated December 15, 2021, the petitioners participated in the tender for transportation of petroleum products within the Islands floated by the Indian Oil Corporation. The petitioners were successful. The petitioners were issued letters of acceptance by the Indian Oil Corporation. The petitioners were required to produce seven trucks. The

petitioners could transport six trucks to these islands only which are subject matter of the present writ petition. Learned advocate appearing for the petitioners submits that subsequent to the order dated December 15, 2021, the seventh truck under the tender is now lying at the Port. The six trucks were found by the Indian Oil Corporation to be suitable for executing the tender. The acceptance of suitability of the six trucks by the Indian Oil Corporation appears from the letter dated December 20, 2021. The tender is for transportation of petroleum products in these Islands.

The petitioners were successful in the tender floated by the Indian Oil Corporation which is an authority within the meaning of Article 12 of the Constitution of India. The subject matter of the tender is transportation of petroleum products within the Islands. There is a public element involved in the tender. It would be in the interest of public that the petroleum products are transported adequately within the islands. Keeping in view the fact that the tender was floated by an authority under Article 12 of the Constitution of India and keeping in view the fact that the subject matter of tender involves public interest, it would be appropriate to permit the petitioners to ply the six trucks, exclusively for the purpose of executing the tender of Indian Oil Corporation. This permission is, however, subject to any objections that the Transport Department may raise in respect of the six trucks concerned. The Court is informed that the petitioners already applied with the relevant Transport authority for the purpose of grant of no objection on November 24, 2021. It is expected that the

Transport Authority will not withhold the grant of no objection unreasonably keeping in mind the nature of the tender and the public interest involved.

So far as the seventh truck is concerned, it would be appropriate to express the hope and desire of the Court that the authorities will comply with the order dated December 15, 2021 and the present order in respect thereof also. The petitioners are at liberty to approach the appropriate forum with regard to the demurrage charges, if they are so entitled to in law.

Since the Court did not invite affidavits, the allegations made in the writ petition are deemed to be denied. WPA/306/2021 is disposed of.

( Debangsu Basak, J. )