As per case facts, Bharat Petroleum Corporation Limited (BPCL) issued a tender for transporting petroleum products. Successful bidders faced unlawful interference and protests from local transporters at the BPCL Bathinda ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
134 CWP-34275-2024 (O&M)
Reserved on : 16.01.2025
Pronounced on : 22.04.2025
M/s Manish Kumar and Company and others
...Petitioners
Versus
Union of India and others
...Respondents
142 CWP-766-2025 (O&M)
Parveen Goyal and another
...Petitioners
Versus
Bharat Petroleum Corporation Limited and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Kshitij Sharma, Advocate and
Mr. Shubhkarman Singh Gill, Advocate for the petitioners
in CWP-34275-2024 and for respondent Nos.7 to 11
in CWP-766-2025.
Mr. Sanjeev Sharma, Sr. Advocate with
Mr. Vikram Singh, Advocate, Mr. Jugansh Goyal, Advocate
and Mr. Ishnoor Bains, Advocate for the petitioners
in CWP-766-2025.
Mr. Akashdeep Singh, Advocate
for respondent No.1 – UOI in CWP-34275-2024.
Mr. Raman Sharma, Advocate with
Ms. Aakriti Sharma, Advocate and
Mr. Amarsh Dudeja, Advocate
for respondent No.2 in CWP-34275-2024 and
for respondent Nos.1 to 4 in CWP-766-2025.
Mr. Maninder Singh, Sr. Deputy Advocate General, Punjab.
*****
CWP-34275-2024 and 766-2025 -2-
VIKAS SURI, J.
1. Since both the above captioned petitions arise from the
same tender and involve common questions of facts and law, therefore,
they are amenable to be decided through a common verdict. With the
consent of the parties, facts are being referred from CWP-34275-2024,
except where mentioned otherwise in context to the discussion.
2. Through the instant writ petitions, the petitioners herein
pray for the hereinafter extracted reliefs:
Prayer made in CWP-34275-2024
Issue a writ of mandamus/certiorari or any other writ, order,
direction to direct the Bharat Petroleum Corporation
Limited (BPCL) to immediately take steps to ensure that the
petitioners, all of who are successful tenderers, and have
been issued letter(s) of intent, in the form and nature of
letter of intent dated 08.11.2024 (Annexure P-2), are
allowed to complete all contractual formalities, including
the signing of the transport agreement, induction of tank
trucks, and submission of valid Bank Guarantees, without
obstruction/hindrance and threat from local transporters.
And/or
If necessitated, direct the respondent Bharat Petroleum
Corporation Limited (BPCL), to grant any extensions etc.,
to complete all contractual formalities, including the signing
of the transport agreement, induction of tank trucks, and
submission of valid Bank Guarantees, which have been
delayed, not on account of any breach by the petitioners, but
apparently on account of the repeated disruption by the
CWP-34275-2024 and 766-2025 -3-
local transporters, and the persistent inaction by the local
administration of Bathinda District.
And/or
Further issue a writ of mandamus/certiorari or any other
writ, order, direction the Deputy Commissioner of Bhatinda
and the Superintendent of Police, Bhatinda, to immediately
take effective and necessary action to restore law and order
at the BPCL Bhatinda Depot and ensure that no unlawful
protests or blockades are allowed to prevent the petitioners
from complete all contractual formalities, including the
signing of the transport agreement, induction of tank trucks,
and submission of valid Bank Guarantees, in view of the
apparent failure of the local administration, which has failed
to act in pursuance to the representations dated 22.11.2024,
25.11.2024, 05.12.2024, 06.12.2024, 07.12.2024,
08.12.2024, 10.12.2024, 13.12.2024, 16.12.2024 (Annexure
P-4 to Annexure P-27), by the petitioners.
And/or
During the pendency of the writ petition, the petitioners be
allowed to complete all contractual formalities, including
the signing of the transport agreement, induction of tank
trucks, and submission of valid Bank Guarantees, without
obstruction from local transporters.
And/or
Further direct the local authorities to suitably protect the
petitioners' legal rights, and if warranted take appropriate
coercive action to prevent further harassment, destruction of
property, and interference with business operations of the
petitioners.
CWP-34275-2024 and 766-2025 -4-
And/or
Any other relief that this Hon'ble Court may deem fit and
proper in the interests of justice and equity, including
directing the respondents to decide the legal notice dated
16.12.2024 (Annexure P-28)
Pass any other writ order or direction, which this Hon'ble
court may deem fit and appropriate, may kindly be granted
in favour of the petitioners in the facts and circumstances of
the present case, including directing the Respondents to
treat this writ petition as a representation and consider the
points contained herein and pass a speaking order after
hearing the petitioner, in the interest of justice, equity and
fair play.
Prayer made in CWP-766-2025
(i) Issue Writ, Order or Direction in the Nature of
Certiorari for cancellations of all Award of Contract
(Letter of Intent) and Agreements executed beyond
08.12.2024, i.e. last date, with successful bidders on
account of breach of mandatory terms of supply of
the Tank Lorries, furnishing of Security Deposit /
Bank Guarantee and Execution of Agreement within
the stipulated time of 30 days in accordance with the
terms of Tender No.BPCL/Retail/POL/Bulk/2024-
2029/ Bhatinda (Annexure P-1) being contrary to the
provisions of the above referred tender and
prejudicial against other successful bidders including
the Petitioners who have executed the complied with
the above terms within the prescribed time frame.
(ii) Issue a Writ, Order or Direction in the nature of
CWP-34275-2024 and 766-2025 -5-
directing the Respondents to take immediate action
and decide the Legal Notice forwarded on behalf of
the the Petitioners vide 25.12.2024 (Annexure P-8) in
a time bound manner.
(iii) Issue any other appropriate writ, order or direction, as
may be deemed fit in the facts and circumstances of
the present case;
(iv) The condition of filing of certified copies of
Annexures may be exempted;
(v) The condition of service of advance notice upon the
respondents may kindly be exempted;
That costs of the writ petition may be awarded in
favour of the petitioner.
(vi) It is further prayed that during the pendency of the
present writ petition, the execution of the agreements
may be stayed or in the alternative proceedings of
tender may not be finalised during the pendency of
the present writ petition and / or the agreements
executed beyond 08.12.2024 should not be acted
upon.
Factual Background
3. Bharat Petroleum Corporation Limited (for short ‘BPCL’) -
respondent No.2, published a detailed notice inviting tender (Annexure
P-1) titled as ‘Tender for Road Transportation of Bulk POL Products
(MS/HSD/Branded Fuels/SKO/ATF) by TOP loading Tank Lorries from
BPCL Bathinda Depot, Punjab to various locations (Depots/Retail
Outlets/direct customer etc.) within state (WS) and outside state (OS)’
CWP-34275-2024 and 766-2025 -6-
(for short ‘DNIT’). The subject tender was an all India online open
tender.
3.1 The DNIT was published on 05.04.2024; and 12.04.2024
was specified as the pre bid meeting date (online VC). The due date and
time of online tender submission (Technical and Price Bid both), was
initially 26.04.2024 at 15:00 hrs, which was subsequently first extended
to 10.05.2024 and then to 13.05.2024. The aforesaid online public
tender being open to the whole country geographically, applications
were received from within the State of Punjab as well as from outside.
3.2 The petitioners in CWP-34275-2024 are the successful
bidders from outside the State of Punjab, whereas the petitioners in
CWP-766-2025 are the successful bidders from the State of Punjab.
Thus, two factions of transporters stood formed, that is, one from the
State of Punjab (hereinafter referred to as ‘Set A’) and the other being
from outside the State of Punjab, i.e. rest of India (hereinafter referred to
as ‘Set B’).
3.3 Upon opening of the tender and its allocation, vide letter of
intent dated 08.11.2024 (Annexure P-2), certain obligations as provided
under the tender document were required to be fulfilled.
3.4 It is alleged that the local transporters who are also
members of Bathinda Tank Truck Association, started protesting outside
the main gate of BPCL, Bathinda Oil Depot and caused resistance,
preventing the successful applicants from physically collecting the letter
CWP-34275-2024 and 766-2025 -7-
of intent, who did not enjoy their patronage.
3.5 The tender process was designed to be in a two part bid
system, through online mode. Technical bid constituted part one whereas
price bid constituted part two. Letter of intent (for short ‘LOI’) was to be
issued to the successful bidder(s) followed by signing of agreement
(contract) and other formalities as stipulated in the tender document.
Tank lorries were to be engaged only after signing of Agreement and
submission of Security Deposit (BG) along with other documents and
formalities. Clause 30 of the DNIT stipulates the time period for signing
of the Agreement and clause 7 for submission of security deposit. It
would be apposite to refer to the relevant clauses of the DNIT, which are
extracted hereunder for ready reference:-
7.0 Security Deposit (SD) in form of Bank Guarantee
(BG)
7.1 The tank lorries of the successful tenderer will be engaged
only after signing of Agreement and submission of
Security Deposit (BG) along with other
documents/formalities as per NIT.
7.2 BG (SD) Amount
Successful tenderers will be required to furnish Bank
Guarantee at the rate of Rs 8,00,000/-(Rupees Eight Lacs
only) per contract for General bidders (including MSE
bidders) and Rs 50,000/- (Rupees Fifty Thousand only)
per contract for SC/ST bidders within 15 days of issuance
of LOI/Work Order.
7.3 BG (SD) Validity
The BG shall be in the format specified and to remain in
force till the validity of the contract /Agreement with a
claim period of six months thereafter or valid upto six
months beyond contract expiry period.
7.4 BG Details
CWP-34275-2024 and 766-2025 -8-
The Bank Guarantee shall be from any Indian scheduled
bank or an international bank of repute having a branch in
India or a corresponding banking relationship with an
Indian scheduled bank and preferably be under SFMS
system. The original BG is required to be submitted at the
following address:
Name- Subhasis Mohapatra,
Sr Mgr-Ops-l/c Retail Bhatinda,
Bharat Petroleum Corporation Limited,
BPCL Bathinda Depot, Phoos Mandi,
Near Jassi Chowk, Manas Road,
Bhatinda, PUNJAB-151001
Phone-9471718090
Email - subhasismohapat@bharatpetroleum.in
7.5 BG Under SFMS
7.5.1 To expedite BG confirmation process, BPCL has tied up
with ICICI Bank for implementation of SFMS Bank
Guarantee wherein the vendor has to quote our IFSC code
and BPCL's Customer ID to bank at the time of BG
application based on which ICICI will send a swift
message confirmation to dedicated email ID of BPEC and
the same shall be considered as BG verified by the bank.
7.5.2 Accordingly, vendors/ Contractors shall provide BPCL's
Customer ID. & IFSC Code (Details given below) to their
Bank at the time of application for Bank Guarantee in
favour of BPCL.
7.5.3 Issuing Bank shall issue the Bank Guarantee & send
SFMS message to BPCL Bank confirming the Bank
Guarantee as genuine, BPCL's Bank (ICICI) shall in turn
send the said SFMS message to BPCL's dedicated email
ID basis which BPEC shall consider the said Bank
Guarantee as verified by Bank. After getting the physical
BG from the vendor, BPEC Team shall validate the same
with the Swift message and shall proceed with the release
of payment to vendors which is due against the said Bank
Guarantee.
Table 4-BPCL Bank Details for SFMS BG
Bank
Name of Bank: ICICI Bank
Branch: ICICI Bank Backbay Branch, Mumbai
IFSC: ICIC0000393
BPCL'S Customer ID: BPCL583493800
CWP-34275-2024 and 766-2025 -9-
7.6 BG (SD) Claims
Any loss/claim and/or damage arising out of the
performance of the contract would be adjustable against
the SD. Any loss/claims/damages higher than SD will be
recovered from payments due to the contractor under this
contract or deposits made by or payments due to the
contractor under any other contract with BPCL.
7.7 BG Return
Security Deposit (Bank Guarantee) would be returned
after expiry of six months of completion of the contract
on written request from the contractor, subject to
satisfactory performance.
20.0 Corrigendum / amendment
Corrigendum/amendment, if any, shall be notified on the
BPCL e-Tendering website. In case any
corrigendum/amendment is issued after the submission of
the bid, then such tenderers, who have submitted their
bids shall be intimated about the corrigendum/amendment
by a system-generated email. In case of open tender
corrigendum / amendment will be on web site and no mail
will be sent for the tenderer who has not participated by
that time. It shall be assumed that the information
contained therein has been taken into account by the
tenderer. They have the choice of making changes in their
bid before the due date and time.
21.0 Bid Submission / Bid Revision / Bid Re-Submission
21.1 Bid Submission: Bidders are required to complete the
entire Technical (Pre-Qualification) and Price Bid process
online by clicking on FINAL SUBMISSION & receiving
confirmation of final submission on screen on or before
the due date/time of the tender.
21.2 Bid Re-Submission: If the vendor intends to
change/revise the bid already submitted, they shall have
to withdraw their bid already submitted, change / revise
the bid and submit once again. However, if the vendor is
not able to complete the submission of the changed /
revised bid within due date & time, the system would
consider it as no bid has been received from the vendor
against the tender and consequently the vendor will be out
of contention. The process of change/revision may be
CWP-34275-2024 and 766-2025 -10-
done any number of times till the due date and time of
submission deadline. However, no bid can be modified
after the deadline for submission of bids online and any
bids submitted offline (hard copies) shall not be
considered for evaluation.
21.3 Once the entire process of submission of online bid is
complete, bidder will get an auto mail from the system
stating bid submitted successfully for the tender with
details.
21.4 Bids/Offers shall not be accepted in e-procurement
system after the due date and time of tender. Only the bids
available in the BPCL e-Tendering system under
“submitted” status shall be considered for further
processing.
21.5 No manual offers along with electronic offers shall be
permitted/accepted.
21.6 No responsibility will be taken by BPCL and/or the e-
procurement service provider for any delay due to
connectivity and availability of website. They shall not
have any liability to tenderers for any interruption or
delay in access to the site irrespective of the cause. It is
advisable that tenderers who are not well conversant with
e-tendering procedures, start filling up the tenders much
before the due date/time so that there is sufficient time
available with him/her to acquaint with all the steps and
seek help if they so require. Even for those who are
conversant with this type of e-tendering, it is suggested to
complete all the activities ahead of time. It should be
noted that the individual bid becomes viewable only after
the opening of the bid on/after the due date and time.
Please be reassured that your bid will be viewable only to
you and nobody else till the due date/ time of the tender
opening. The non-availability of viewing before due date
and time is true for e-tendering service provider as well as
BPCL officials.
21.7 BPCL and/or the e-procurement service provider shall not
be held responsible for any direct or indirect loss or
damages and or consequential damages, arising out of the
bidding process including but not limited to systems
problems, inability to use the system, loss of electronic
information etc.
28.0 Stipulated time for Placement of TLs
CWP-34275-2024 and 766-2025 -11-
After issue of LOI, the tenderer to position the TLs within
following stipulated time:
28.1 For Top Loading TLs.
28.1.1 Within 30 days for ready built TLs.
28.1.2 The sale invoice to be provided within 30 days for
TLs under booking slips by SC/ST bidders and to place
the TLs within 90 days from LOI date.
28.2 For Bottom Loading TLs
28.2.1 Within 120 days from LOI date in case the NIT
requirement is for bottom loading tank lorries.
28.2.2 The sale invoice to be provided within 30 days for
TLs under booking slips by SC/ST bidders and to place
the TLs within 120 days from LOI date.
29.0 Non-Placement of TLs.
29.1 In the event of non-placement of Tank Lorry within
stipulated time post issue of LOI, the defaulters will be
penalized as follows:
29.1.1 Full non placement of Tank Lorries - Forfeiture of EMD
including putting transport vendor on holiday list for five
years.
29.1.2 Partial non-placement of Tank lorries -
Forfeiture of Rs 1 lakh per lorry from SD-maximum upto
SD amount. Withdrawal of LOI and cancellation of
contract if the full complement of the tank lorries
allocated (even if one TL) but not placed by the
transporter.
29.1.3 Withdrawal and non-replacement of TLs (including
vehicles withdrawn after attaining maximum age):
Forfeiture of Rs 1 lakh per tank lorry from SD-maximum
upto SD amount.
30.0 Execution of Agreement
30.1 Successful tenderer/s will be required, before undertaking
the contract, to sign the Agreement, within 15 days of the
date of issue of the LOI and should physically place the
tank-lorries at the location within the stipulated time from
the issue of Work Order/LOI. The Tank lorries shall be
inducted after physical verification, including verification
CWP-34275-2024 and 766-2025 -12-
of Engine & Chassis nos. etc. & compliance as per BPCL
standard check list available at the BPCL location. In case
of failure, BPCL will have the right to reject the induction
of such tank-lorries.
30.2 Tenderers are advised to carefully scrutinize the specimen
set of Agreement Form enclosed along with tender
documents/downloaded from our website before
submitting their tender. One set should be submitted with
the tender online, in token of acceptance of the terms and
conditions thereof, and other set be retained with the
tenderer.
30.3 In case of Partnership Firms and Limited Companies,
when the person signing the tender is not the authorized
signatory, necessary Power of Attorney (as per the
proforma enclosed) authorizing the signatory to act on
behalf of the partnership/firm should be produced before
signing the agreement, and an authenticated copy of the
Power of Attorney should be submitted for the record of
BPCL.
30.4 Failure to execute the agreement and / or furnish required
Security Deposit within 15 days of issue of LOI and / or
physical placement of Tank lorries at the location within
specified time from issue of work order may render the
tenderer liable for forfeiture of Earnest Money Deposit
and termination of contract without prejudice to the rights
of BPCL to recover the damages under Law.
30.5 All terms & conditions stipulated in the Notice Inviting
Tender, Guidelines for Tenderers, Tender Terms &
Conditions, Declarations, Agreement and other
documents furnished with the Tender and related
correspondence shall form part of the contract.
44.0 Negotiations etc.
44.1 It may be noted that the tenderer/s submitting the lowest
price bid need not automatically win the business and, if
BPCL is not satisfied with the price quoted BPCL
reserves the right to negotiate with any or all the bidders
to finalize suitable rates.
44.2 Tenderers may be required to visit BPCL Tender Base /
Loading Location or any other office of the BPCL for
negotiations / verification of documents, entirely at the
cost of tenderers. The Negotiations may also be held
online through video conferencing (VC).
CWP-34275-2024 and 766-2025 -13-
44.3 The bidders shall have to submit the negotiated rates in
writing in the format specified and for all sectors
(including hills if applicable) and offered TL Standard
Sizes. Incomplete format shall be liable for rejection.
44.4 Only the proprietor of the firm or the legally authorized
representative of the firm may personally attend such
negotiations, as commitments made and / or clarifications
given during the negotiations will be binding on the
tenderer/s. He/She should carry the necessary
authorization to attend such negotiations and to hand over
an authenticated copy of the same to BPCL's
representative/s participating in negotiations.
44.5 Further, BPCL reserves the right, at their sole discretion
and without assigning whatsoever to,
Divide the work among contractor(s),
Reject any or all tenders either in full or in part,
Assign the offered and accepted tank-lorries to any
location (preferably within same Region) and Engage
additional contractors/tank-lorries at any time without
giving any notice whatsoever to the contractor/s already
appointed against this Tender.
49.0 Additional Tank Lorries
49.1 The additional tank-lorries, if required by BPCL, can be
offered to the contracted carriers of the concerned
location at the rate felt appropriate by BPCL including the
BMR rate or lowest rate (L1) of the location whichever is
lower.
49.2 In case of requirement of additional tank-lorries by
BPCL, the Corporation reserves the right to induct new
tank-lorry operators at the finalized rate for the concerned
location.
50.0 TL Assigning to other Locations
BPCL will have the right to assign the tank-lorries offered
in any one tender to any contract in any other
State/Region/Location, on any route, temporarily or
permanently, and the decision of BPCL will be final and
binding on the successful tenderers / contractors.
51.0 Submission of Details
Tenderer should submit all the details and enclosures as
has been asked for, in the tender form. In case any of the
information is not applicable to the tenderer, "Not
CWP-34275-2024 and 766-2025 -14-
applicable" may be written against such item. Not
submitting any information / enclosure sought for, may be
a ground for rejecting the tender.
52.0 Acceptance of TLs / Tender
Bharat Petroleum Corporation Ltd. reserves the right to
accept or reject any or all the tenders in part or in totality,
or to negotiate with any or all the tenderers, or to
withdraw / cancel / modify this tender or to accept some
or all of the tank-lorries offered without assigning any
reason whatsoever and the decision shall be binding on
the Bidder.
4. The petitioners in CWP-34275-2024 approached this Court
primarily with the grievance that the local transporters were causing
undue/ unlawful interference and were not permitting them to enter the
BPCL Depot to execute the agreement mandated by the tender
conditions and commence operations. On advance notice of the writ
petition, BPCL appeared through counsel, acknowledged the factual
aspect and submitted that the matter was under active consideration of
the local administration. The same was recorded in the order dated
18.12.2024, passed by a coordinate Bench, which reads as thus:
“Served with the advance copy of the petition, Mr.
Akashdeep Singh, Advocate and Mr. Raman Sharma, Advocate,
are present in Court for respondents No.1 and 2, respectively
and accepts notice on their behalf, whereas Mr. Jastej Singh,
DAG, Punjab, accepts notice on behalf of respondents No.3 to 5.
At the outset, Mr. Raman Sharma, learned counsel for
respondents No.2 submits that to address the
concerns/grievances, that are sought to be raised in the petition,
the Additional Deputy Commissioner, Bathinda, had convened a
meeting on 09.12.2024, with the senior functionaries of
CWP-34275-2024 and 766-2025 -15-
respondent No.2. Further, he submits that the local transporters
and the local successful tenderers are not letting the outside
bidders, who succeeded in the process, to execute the formal
contract/necessary agreement and commence operation. It is
urged that the matter is under active consideration of the local
administration and would be resolved in the immediate future.
Similarly, learned Deputy Advocate General, Punjab,
prays for time to seek instructions and respond.”
In sequel, in the subsequent hearing on 20.12.2024, the hereinafter
extracted order was passed:
“Status report by way of short affidavit of Additional
Deputy Commissioner, (Rural Development) Bathinda, on
behalf of respondent No.4 has been filed in Court today and the
same is taken on record. Copy furnished.
Learned counsel for the parties are ad idem that although
the petitioners were the successful bidders and per the tender
conditions a formal contract was required to be executed
between the parties on 13.12.2024, but owing to an
undue/unlawful interference by the local transporters as also
those who were successful but local, the said agreement could
not be executed, for a law and order situation was created at site.
Learned State counsel, on instructions from Rupinder Pal
Singh ADC (Rural Development), Bathinda and Sh. Karamjit
Singh, DSP, Special Crime Bathinda, who are present in Court,
submits that every possible cooperation would be extended to
the petitioners as also the respondent Corporation to proceed
further and carry out the necessary formalities.
Learned counsel for the respondent-Corporation submits
that in the wake of the peculiar facts and circumstances of the
case, the parties are faced with, the competent authority would
CWP-34275-2024 and 766-2025 -16-
examine the matter in the right earnest and intimate the
petitioners, accordingly, as regards the formalities that have to
be carried out. And, if necessary written statement on behalf of
the respondent-Corporation shall also be filed on or before the
adjourned date.
Adjourned to 15.01.2025.
This Court is sanguine that the competent authority would
proceed with the matter in the right earnest and without any
further loss of time. We are assured that there would not be any
undue obstruction in execution of the contract.”
5. That after passing of the aforesaid orders, Set B petitioners
have since signed the agreement and submitted security deposit/bank
guarantee.
6. The petitioners in CWP-766-2025 (Set A) approached this
Court praying for cancellation of the award of contract (Letter of Intent)
and the agreements executed with the successful bidders beyond the last
date stipulated under the DNIT.
Contentions of learned counsel for the parties
7. Learned counsel for Set B petitioners have submitted that
even after signing of the agreement and submission of security deposit,
the local transporters (including those of Set A) are not permitting the
petitioners to operate their tank lorries and are constantly threatening
with grave consequences. The same has been brought to the notice of
BPCL and complaints have also been made to the police but no action
has been taken thereon. It is further submitted that the tender is for
CWP-34275-2024 and 766-2025 -17-
transporting highly inflammable products viz., MS, HSD, Branded fuels,
SKO and ATF. The threats by the local transporters cannot be taken
lightly, as in the past they have snatched original documents/bank
guarantees and also turned out tank lorries from within the depot.
8. Learned counsel for Set A petitioners have submitted that
the terms of the tender have been violated in as much as certain
agreements have been entered into beyond the date stipulated in the
DNIT. The extension of time, if any, has been done without issuance of
any amendment or corrigendum. Hence, award of contract and issuance
of Letter of Intent (LOI) based on such agreements entered into beyond
08.12.2024 are liable to be cancelled. It is further submitted that
demonstration by local transporters was peaceful and as such, they have
disputed the factual aspect pleaded by Set A petitioners.
Inferences by the Court
9. It is sought to be argued that disputed questions of facts
arise in the present matter, which cannot be adequately gone into in writ
proceedings. However, perusal of admitted documents placed on record
as well as the status report filed by the Additional Deputy Commissioner
(Rural), Bhatinda (a responsible senior government functionary, who has
no personal interest in the lis) would show that demonstration by local
transporters did precipitate to a law and order situation outside the BPCL
Depot, which led the local administration taking appropriate steps to
control the situation. The relevant portion of the status report dated
CWP-34275-2024 and 766-2025 -18-
21.12.2024, extracted hereinafter, would show that about 150-200
persons had gathered on 13.12.2024 and there were reports that the
gathering could turn violent, which situation was tackled by deployment
of adequate police force.
4. Thạt on 09.12.2024 the deponent got information that
protestors had gathered outside the gate of respondent no. 2, so
the deponent along-with police force reached the spot and held
meeting with petitioners, respondent no. 2 and protestors. The
meeting ended on a positive note and the protestors dispersed.
However, on 13.12.2024 the congregation at the protest site
reached nearly 150 to 200 as persons representing two opposing
factions (one from outside successful tenderers and another from
local successful tenderers) gathered at the gates of BPCL i.e.
respondent no. 2. There were reports that the gathering could
turn violent and the local administration immediately took
precautionary measures and deployed adequate police force
preventing any untoward incident. The deponent was posted at
the site along with police force of the area and the situation was
taken under control.
5. That without going into the claims of the protestors,
administration is duty bound to facilitate the petitioners. There
will never be any kind of discrimination on the part of
administration against anyone. The department is and will
always be ready to co-operate and to provide any kind of
administrative help to the petitioners in signing the agreement
with BPCL. That as per discussion of the Deponent with the
BPCL Officials; out of 40 bidders, 23 have already signed
agreement with the company. Of the 17 remaining bidders, they
have furnished bank guarantees but not signed the desired
agreements. The deponent assures and undertakes that as and
when the petitioners are required to execute the agreements the
CWP-34275-2024 and 766-2025 -19-
deponent will take all the necessary steps to ensure that the
petitioners are properly facilitated, while maintaining law and
order, to complete the necessary formalities.
10. That Set A petitioners, seeking the same relief as prayed for
in CWP-766-2025, had represented to the officers of BPCL (respondent
No.2) vide letter dated 09.12.2024 (Annexure P-3 with the said writ
petition). The said letter was responded by BPCL vide reply dated
16.12.2024 (Annexure P-4 with CWP-766-2025) whereby it was
candidly stated that the award of contract (Letter of Intent) for the
subject tender was issued to respective bidders till 13.11.2024. The
respective material dates from the record have been mentioned therein.
A perusal of the said reply would show that keeping in view the unrest
and hurdles created by local transporters, the process of issuance of
award of contract was delayed to 13.11.2024 and as such, necessary
compliances in accordance with the subject DNIT were within time. The
relevant portion of the aforesaid letter is extracted hereunder:
1. At the outset it is pertinent to note that the selection process
in Tender bearing reference number BPCL/RETAIL/POL/
BULK/2024 2029/ BHATINDA E Tender ID: 16053 has
already been come to a logical conclusion Thus, any
grievance at this stage is belated.
2. Contents of paragraph 1 of your notice are factual in nature.
The subject tender was an all India online open tender which
was published on 05.04.2024 and tender was extended 2
times (1st extension 10.05.2024, 2nd extension 13.05.2024)
on request of transporters only.
CWP-34275-2024 and 766-2025 -20-
3. Contents of paragraph 2 of your notice are factual in nature.
4. Contents of paragraph 3 of your notice are denied. The
subject tender was all India online open tender and bidders
were participating in the tender from different parts of India.
The Award of the Contract (Letter of Intent) for the said
tender vide reference BPCL/RETAIL/POL/BULK/
BHATINDA/2024-29/ was issued to respective bidders till
13.11.2024. We received representation from selected
bidders of other states (states other than Punjab that they
were unable to receive the hard copy of LOI from depot due
to resistance made by Bhatinda transport association outside
the Depot Gate. Due to this difficulty, LOI was issued to
various bidders in email on 13.11.2024. The said contract is
valid from 23.11.2024 to 22.11.2029.
As per NIT under Clause 7.2 it has been clearly provided
that Bank Guarantee at the rate of Rs. 8.00,000/- for general
bidders and Rs. 50,000/- for SC/ST bidders shall be
deposited within 15 days of the issuance of the LOI/Work
Order. Since the last date of LOI issued to selected bidder
was 13.11.2024 and bank guarantee submission has been
done within the period of 15 days i.e. 28.11.2024. As last
date of Bank Guarantee submission was 28.11.2024,
location has received bank guarantees from selected bidders
within the stipulated time i.e. till 28.11.2024. In NIT, there
is no provision or clause for non-accepting of Bank
Guarantee after 15 days or rejection criteria for the same for
any Bidder.
5. Contents of paragraph 4 of your notice are denied. It is
reiterated that all original bank guarantees are received at
the location in stipulated time and submitted to our
centralised office in Mumbai for further necessary action on
it.
CWP-34275-2024 and 766-2025 -21-
6. Contents of paragraph 5 of your notice are denied. Company
is following the guide lines of NIT pertaining to booking
slips submitted by the SC/ST selected bidders.
7. Contents of paragraph 6 of your notice are denied. The
Award of the Contract (Letter of Intent) for the said tender
was issued to respective bidders till 13.11.2024 and as per
this the last date of signing of Agreement is 13.12.2024.
8. Contents of paragraph 7 of your notice are denied. Please
note that BPCL is adhering to all the terms and conditions of
NIT.
11. It is trite law that the true import of the clauses of the
subject Tender should be left to the Authorities issuing the tender and
Courts should be slow in imposing its decision over the interpretation of
the said employer. This is particularly of paramount consideration when
the contract is already underway. Reference can be placed on the verdict
of the Apex Court titled as Tata Motors Limited vs. The Brihan
Mumbai Electric Supply & Transport Undertaking (BEST) and others,
reported in 2023(8) Scale 873, the relevant paragraph whereof is
extracted hereunder:
52. Ordinarily, a writ court should refrain itself from
imposing its decision over the decision of the employer as to
whether or not to accept the bid of a tenderer unless something
very gross or palpable is pointed out. The court ordinarily should
not interfere in matters relating to tender or contract. To set at
naught the entire tender process at the stage when the contract is
well underway, would not be in public interest. Initiating a fresh
tender process at this stage may consume lot of time and also
loss to the public exchequer to the tune of crores of rupees. The
CWP-34275-2024 and 766-2025 -22-
financial burden/implications on the public exchequer that the
State may have to meet with if the Court directs issue of a fresh
tender notice, should be one of the guiding factors that the Court
should keep in mind. This is evident from a three-Judge Bench
decision of this Court in Association of Registration Plates v.
Union of India and Others, reported in (2005) 1 SCC 679.
12. Moreover, clause 52.0 of the DNIT, extracted hereunder at
the cost of repetition, does clothe BPLC with the power to modify the
tender, in terms of the said covenant. The scope of interference in such
like tender matters of public importance is rather self-restricted. Nothing
has been brought to our notice to demonstrate that any fundamental right
has been violated or the procedure followed suffers from the vice of
arbitrariness. On the contrary, keeping in view the circumstances
mentioned in the status report, scales of equity and justice have been
balanced in the larger interest of public good. The products to be
transported are essential commodities and supply to various locations
from the depot cannot be held at ransom of protests by some disgruntled
local transporters.
52.0 Acceptance of TLs / Tender
Bharat Petroleum Corporation Ltd. reserves the right to
accept or reject any or all the tenders in part or in totality,
or to negotiate with any or all the tenderers, or
to
withdraw / cancel / modify this tender or to accept some
or all of the tank-lorries offered without assigning any
reason whatsoever and the decision shall be binding on
the Bidder.
CWP-34275-2024 and 766-2025 -23-
13. Another aspect of the matter that deserves due consideration
is the location where the protest was being staged, i.e., at the gate of the
oil depot where stocks, in huge quantities, of highly inflammable
material are stored. In case of any untoward incident like rioting, arson
etcetera, involving a tank lorry operated by any out of State successful
bidder or otherwise, the lives and property of many in the vicinity of the
said BPCL Depot would be endangered besides causing colossal national
loss. Hence, it is a fit case wherein a mandamus deserves to be issued to
the district administration and police authorities to provide adequate
protection to tank lorries, particularly those within the BPCL Depot or in
the process of ingress or egress, whether loaded or empty. No personal
cause can be placed above public and national interest. Learned State
counsel does not dispute that it is the bounden duty of the State to
maintain law and order and to ensure that rule of law is not breached by
any one and violators are accountable to the laws publicly promulgated
and equally enforced.
Final order of this Court
14. In aftermath, this Court is constrained to partially allow
CWP-34275-2024 and accordingly, a mandamus is issued to the Deputy
Commissioner, Bhatinda and the Superintendent of Police, Bhatinda to
ensure that rule of law is not breached and to provide adequate security
and protection, as may be assessed by them keeping in view the
situational threat perception, to the property of Bharat Petroleum
CWP-34275-2024 and 766-2025 -24-
Corporation Limited, Bhatinda Depot and to the tank lorries engaged for
carrying petroleum products for the said depot.
15. In view of the above discussion, we find no merit in the
connected writ petition and CWP-766-2025 is accordingly dismissed. It
is, however, made clear that the contracting parties would be at liberty to
avail of their respective remedies under the subject DNIT, in case of
alleged breach of any covenant thereof.
16. No order as to costs.
17. Pending application(s), if any, also stand disposed of.
(SURESHWAR THAKUR)
JUDGE
(VIKAS SURI)
JUDGE
April 22, 2025
sumit.k
Whether speaking/reasoned : Yes / No
Whether Reportable : Yes / No
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