Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 233 (KAR)

M/S ASHA JYOTHI TRANSPORT v. UNION OF INDIA MINISTRY OF PETROLEUM & NATURAL GAS

2017-02-02

R.B.BUDIHAL, SUBHRO KAMAL MUKHERJEE

body2017
JUDGMENT : 1. These writ appeals are filed against the judgment and order dated January 2, 2017, passed by an Hon’ble Single Judge, dismissing the writ petitions. 2. The appellants-writ petitioners were engaged by the respondent-Bharat Petroleum Corporation for transportation of LPG cylinders for more than twenty years. 3. A tender was floated for transportation of LPG cylinders by the respondent-petroleum corporation. Many transport contractors participated in the tender process. Admittedly, the offer of the appellants-writ petitioners was higher than the private respondents being respondent Nos. 6 and 7. The rate quoted by the said respondents was Rs. 8.67 (Rupees eight and sixty-seven paise) only, whereas the rate quoted by the appellants-writ petitioners was Rs. 9.39 (Rupees nine and thirty-nine paise) only for transporting one cylinder by road from 0 to 50 kilometers. The appellants-writ petitioners were called for negotiations. But, they expressed their unwillingness to reduce the rates. 4. By considering these factual aspects of the matter, the Hon’ble Single Judge dismissed the writ petitions, holding that there is no arbitrariness or illegality on the part of the respondent-petroleum corporation in awarding the contract in favour of the respondent Nos. 6 and 7. 5. We do not find any merit in these appeals. Consequently, the appeals are dismissed. 6. However, dismissal of these appeals will not come in the way of the appellants-writ petitioners in making representations to the authorities concerned and the said authorities considering the representations in accordance with law. We express no opinion on the merits of the matter. 7. In view of dismissal of the writ appeals, all pending interlocutory applications do not survive for consideration and they are, also, dismissed accordingly. 8. We make no order as to costs.