Karnataka High Court
M/S Mujawar Roadways vs Union Of India on 24 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:15450-DB
WA No. 100723 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT APPEAL NO. 100723 OF 2023 (GM-TEN)
BETWEEN:
M/S. MUJAWAR ROADWAYS
PLOT NO.10632, NEHRU NAGAR,
BELAGAVI-590010, KARNATAKA STATE
R/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.
...APPELLANT
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
Digitally signed
by MANJANNA E 1. UNION OF INDIA
Location: HIGH
COURT OF MINISTRY OF PETROLEUM
KARNATAKA
DHARWAD AND NATION GAS,
BENCH
Date: 2024.10.26 SHASTRI BHAVAN,
10:33:35 +0530
NEW DELHI-110001,
R/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,
R/BY ITS CHAIRMAN AND DIRECTOR.
3. THE INDIAN OIL CORPORATION LIMITED,
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NC: 2024:KHC-D:15450-DB
WA No. 100723 of 2023
KARNATAKA STATE OFFICE,
NO.29, P. KALINGA RAO ROAD,
BENGALURU-560027,
R/BY ITS THE SENIOR GENERAL MANAGER.
4. THE INDIAN OIL CORPORATION LIMITED,
REGIONAL CONTRACT CELL, 11,
INDIAN OIL BHAVAN, NO.139, UTHAMOR,
GANDHI ROAD, (NUNGAMBAKKAM HIGH ROAD),
CHENNAI-600034,
R/BY ITS GENERAL MANAGER.
5. THE INDIAN OIL CORPORATION LIMITED,
(MD) NEAR DESUR RAILWAY STATION,
DESUR-590014, TQ / DIST. BELAGAVI.
...RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, SET ASIDE
THE IMPUGNED ORDER DATED 02.11.2023 PASSED IN WRIT
PETITION NO.104155/2023 (GM-TEN) PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT AND ALLOW THE WRIT
PETITION NO.104155/2023 (GM-TEN).
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:15450-DB
WA No. 100723 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by appellant under Section 4 of the
Karnataka High Court Act challenging the order dated
02.11.2023 passed by the learned Single Judge in W.P.
No.104155/2023, whereby the petition filed by the appellant
has been rejected.
2. Brief facts of the case are that appellant
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 appellant has been
rejected on the ground that a person is not entitled to submit
multiple bids either individually or in any combination of
person. Being aggrieved by the rejection of the bid of the
appellant, he has filed a writ petition before this Court in W.P.
No.104155/2023. The same came to be dismissed by order
dated 02.11.2023. Being aggrieved by the same, the appellant
has filed this appeal before this Court.
3. Sri.Shriharsh A. Neelopant, learned counsel for the
appellant has contended that in earlier round of litigation, this
Court in W.P. No.101426/2022 c/w W.P. No.101429/2022
NC: 2024:KHC-D:15450-DB
disposed of on 16.12.2022 has directed the respondent to
consider the request of the appellant for being allotted the
trucks in respect of which there is shortfall of supply. Even
though there is shortage of 15 to 20 trucks, the respondent
without considering the request of the appellant, once again it
has been rejected on the ground of multiple bids. He further
contended that no proper reason has been given for rejection of
appellant's multiple bid that how it will affect their tender
process and he has also relied on the judgment of the Hon'ble
Apex Court in the case of Vice Chairman and Managing
Director, City and Industrial Development Corporation of
Maharashtra Ltd., vs. Shishir Realty Private Limited
reported in AIR OnLine SC 1106. Hence, he sought for
allowing the appeal.
4. Heard the learned counsel for the appellant.
5. The respondent No.5 has issued a tender
notification for transportation of bulk petroleum product by top
loading tank trucks. Pursuant to that the appellant participated
in the tender. One of the class under the tender i.e., class 1.8
of tender notification, the same is extracted below:
NC: 2024:KHC-D:15450-DB
"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."
6. From the above class, it is very clear that even the
person submitted a multiple bids in a tender, all such multiple
bids shall be liable for rejection. It is not in dispute that
appellant has submitted multiple bids. Under clause 1.8 of
tender notification, it is clearly borne and on that ground the
respondent has rightly rejected the tender of the appellant.
7. In earlier round of litigation of this Court in W.P.
No.101426/2022 c/w W.P. No.101429/2022 disposed of on
16.12.2022, has not given any direction on merit. On
submission of counsel for the appellant that there is shortage of
15 to 20 trucks without going into the merit, the directions may
be issued to consider the case of the appellant. In view of the
NC: 2024:KHC-D:15450-DB
said submission, Court has directed to consider the case of the
appellant. Even judgment relied upon by that appellant is not
applicable to the facts of the case.
8. Therefore, there is no error or irregularities in the
order passed by the learned Single Judge in W.P.
No.104155/2023 disposed of on 02.11.2023. The writ appeal is
devoid of merits. Accordingly, the writ appeal is dismissed.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RSH / Ct:VH
