ORDER : As common facts and issues are involved in these writ petitions, they are being disposed of by a common judgment. 2. CWP No. 3503 of 2021 was filed by petitioner Shankar Singh, praying for the following substantive reliefs:- “a) That a writ in the nature of certiorari may kindly be issued and the impugned allotment as mentioned in Annexure P-5 dated 15.03.2021, in favour of the respondent No. 5, may kindly quashed and set aside, in the interest of law and justice. (b) That at writ in the nature of mandamus may kindly be issued to implement the order dated 01.03.2021 (Annexure P-3) in favour of the petitioner, being L-2, when it is evident that as on 25.02.2021 & on 01.03.2021, it was Sh. Saravjeet Singh, who was owner of vehicle No. HP-38C-4088 and not the respondent No. 5, who made false averments in the tender document etc., in connivance with respondents No. 3 & 4. (c) That the respondent No. 1 may also be directed to initiate enquiry about the manner and method adopted to allot tender in favour of the respondent No. 5, by the respondent No. 3 & 4 and the culprits may be brought to books, in the interest of law and justice.” 3. CWP No. 5742 of 2021 was filed by the petitioner Kiran, praying for the following substantive reliefs:- “(a) That the respondent-department may kindly be directed to quash tender notice published in news paper Amar Ujala (Annexure –P/2).” 4. The dispute involved in these writ petitions is in a very narrow compass. Vide Annexure P-1, appended with CWP No. 3503 of 2021, bids were invited from eligible candidates by the Civil Supplies Department for the purpose of distribution and uploading of gas cylinders to the consumers in the gas agencies mentioned therein. The last date, by which the application were to be submitted to the Area Manager of Civil Supplies Corporation at Dharamshala as prescribed in the Notice was 25.02.2021. In terms of Annexure P-1, the bids had to be submitted in two parts, i.e. technical bid and financial bid. The gas agencies were divided in two categories depending upon the number of active consumers in the area (a) where the number of active consumers was less than 15000; and (b) where the number of active consumers was more than 15000. The gas agencies were divided in two categories depending upon the number of active consumers in the area (a) where the number of active consumers was less than 15000; and (b) where the number of active consumers was more than 15000. As per the conditions of the notice inviting bid, it was mandatory for the applicant to possess three vehicles, one big and two small, if he was applying for such gas agency, where the number of active consumers was less than 15000, and it was mandatory for the applicant to possess four vehicles, big and small, if he was applying for gas agency where the number of active consumers was more than 15000. Under both the categories, it was mandatory that at least one vehicle should be under the registered ownership of the applicant, though the remaining could have been in the name of associates. Both the petitioners herein participated in the process, which was so undertaken by the Civil Supplies Corporation and it is not in dispute that petitioner Smt. Kiran was declared as L-1 and petitioner Shankar Singh as L-2. Her being declared as L-1, was challenged by petitioner Shankar Singh, by way of writ petition No. 3503 of 2021 inter alia on the ground that said applicant i.e. Smt. Kiran, was not eligible to participate in the process as she was not possessing a vehicle duly registered in her name on the date when she applied for the grant of the tender. It is pertinent to mention here that both the petitioners were participating for a bid where the number of active consumers vis-a-vis the gas agency was less than 15000. In addition to the petitioners, there were two other bidders. 5. During the pendency of CWP No. 3503 of 2021, the tender process, vide which, the bid of the petitioner Smt. Kiran was accepted, was rescinded by the Civil Supplies Corporation, which is evident from Annexure P-2, appended with CWP No. 5742 of 2021, which is the copy of advertisement published in vernacular news paper on 29.08.2021, vide which, again fresh tenders were invited for the gas agency in issue. Said advertisement was challenged by petitioner Smt. Kiran by way of CWP No. 5742 of 2021. 6. Said advertisement was challenged by petitioner Smt. Kiran by way of CWP No. 5742 of 2021. 6. While hearing these two matters, on 21.09.2021, Hon’ble Division Bench of this Court passed the following order:- “CWP No. 5742 of 2021 & CMP No.11184 of 2021 CWP No. 3503 of 2021 & CMP No.11106 of 2021 So far as CWP No. 3503 of 2021 is concerned, learned counsel for the respondents-Corporation submits that since the petitioner has withdrawn the EMD (Earnest Money Draft), the award of tender could not have been granted to him. So far as CWP No. 5742 of 2021 is concerned, the award of the tender to the petitioner is stated to have been cancelled by the order dated 18.8.2021 and thereafter the impugned notification has been issued calling for fresh tenders. Various submissions are made at the Bar. The petitioner’s counsel in CWP No. 3503 of 2021 submits that the EMD was returned by the respondents-Corporation. Learned counsel for the respondents-Corporation submits that the EMD has been voluntarily taken back by the writ petitioner, therefore, the contract could not have been given to him. We are of the considered view that all these matters require consideration after examining the record. That the reply of each one of the respondents in both the petitions are required. Hence, two weeks’ time is granted to the respondents in both the cases to file reply(ies), if not already filed. Call after four weeks. In the interregnum, tender notification dated 27.8.2021 and all further proceedings shall remains stayed. CMP No. 11185 of 2021 in CWP No. 5742 of 2021 The applicant/petitioner to file English typed version of Annexures P/1 and P/2 within four weeks. The application is disposed off accordingly.” 7. Thereafter, post admission both these cases have been heard by this Court. When these cases were taken up on 01.12.2021, this Court passed the following order:- “This application is disposed of with the direction that the documents appended therewith are ordered to be taken on record, subject to all just exceptions. CWP No. 5742 of 2021 a/w CWP No. 3503 of 2021 Replies on behalf of respondent No. 1 to 3 in CWP No. 5742 of 2021 and on behalf of respondent No. 5 in CWP No. 3503 have been filed in the Court, which are ordered to be taken on record. Heard for some time. At this stage, Mr. CWP No. 5742 of 2021 a/w CWP No. 3503 of 2021 Replies on behalf of respondent No. 1 to 3 in CWP No. 5742 of 2021 and on behalf of respondent No. 5 in CWP No. 3503 have been filed in the Court, which are ordered to be taken on record. Heard for some time. At this stage, Mr. Naresh Kaul, learned counsel for the petitioner in CWP No. 3503 of 2021 submits that petitioner-Shankar Singh is willing to perform the work of transportation on the same terms as is being done by Smt. Kiran, petitioner in CWP No. 5742 of 2021. Learned counsel for the respondent-Corporation is directed to have instructions in this regard by the next date of hearing. Taking into consideration the issues involved in these petitions, State of Himachal Pradesh through Principal Secretary (Transport) is impleaded as respondent in both the petitions. Mr. Adarsh Sharma, learned Additional Advocate General accepts notice on behalf of the newly added respondent in both the petitions. He is directed to inform the Court as to when the registration of vehicle No.HP38C-4088 was actually transferred in the name of Smt. Kiran, petitioner in CWP No. 5742 of 2021 on the next date of hearing. As prayed for, list for continuation on 15th December, 2021. Learned counsel for the petitioners to supply the paper-books to the State.” 8. Today, in compliance thereto, Ms. Bhavna Datta, learned Counsel for the respondent-Corporation has handed over a copy of written instructions so imparted to her by the Financial Advisor of the respondent-Corporation, which is ordered to be taken on record and which read as under:- “That the case titled as "Shankar Singh" Versus Himachal Pradesh State Civil Supplies Corporation Limited and others pertaining to the tender process for transportation of LPG cylinders for the LPG Agencies of the corporation at Baijnath, Nurpur, Ghuggar (Palampur), Shilla (Dharamshala), Nagrota Bagwan and Damtal was listed on 9/02/2021. The Counsel for the ioner in Shankar Singh's case has submitted before the Hon'ble Court that "he is ready & willing to work on the same terms & conditions as has been done by successful bidder Kiran (petitioner in CWP No. 5402 of 2021). 2. That the Hon'ble Court after hearing the statement made by the counsel for the petitioner in Shankar Singh's case directed the Corporation to have instructions in this regard. 2. That the Hon'ble Court after hearing the statement made by the counsel for the petitioner in Shankar Singh's case directed the Corporation to have instructions in this regard. The Managing Director of the HPSCSC after going through the record of the case, instructs the standing counsel of the Corporation to give consent to abide by the directions of the Hon'ble Court and if the Hon'ble Court is of the opinion that fair chance be given to the petitioner Shankar Singh to substitute Kiran for the said purpose, the Corporation is ready to do the needful. 9. Mr. Naresh Kaul, learned Counsel for the petitioner Shankar Singh, has made a statement in the Court that henceforth the petitioner Shankar Singh is willing to execute the work of the gas agency in issue of the respondent-Corporation, on the same terms and conditions, on which it was allotted to Smt. Kiran. 10. Besides this, in compliance to the last order passed by this Court, learned Additional Advocate General has also handed over a copy of the registration certificate pertaining to vehicle bearing registration No. HP-38C-4088, which is ordered to be taken on record, perusal whereof demonstrates that the vehicle in question was transferred in the name of petitioner Kiran on 15.03.2021 from its previous owner Shri Saravjeet Singh. This clearly demonstrates that as on the last date of submission of bids, in terms of Annexure P-1 appended with CWP No. 3503 of 2021, i.e. 25.02.2021, vehicle in issue was not duly registered in the name of Smt. Kiran. The above demonstrates that there was merit in the contention of petitioner Shankar Singh that the allotment of the tender in favour of Smt. Kiran was not sustainable in law as she indeed was not eligible to participate in the process. 11. In this view of the matter, this Court has no hesitation in holding that the allotment of tender by the respondent-Corporation in favour of Smt. Kiran was bad in law, as she was not fulfilling the eligibility criteria prescribed in Annexure P-1 appended with CWP No. 3503 of 2021. 12. Learned Counsel for the respondent-Corporation submits that the tender stood allotted to Smt. Kiran as her contention, that she was registered owner of the vehicle in question, was believed by the respondent-Corporation because she did not approach the respondent-Corporation with clean hands. 13. Mr. 12. Learned Counsel for the respondent-Corporation submits that the tender stood allotted to Smt. Kiran as her contention, that she was registered owner of the vehicle in question, was believed by the respondent-Corporation because she did not approach the respondent-Corporation with clean hands. 13. Mr. Ashok Thakur, learned Counsel for petitioner Smt. Kiran submits that though the vehicle was transferred in the name of Smt. Kiran on 15.03.2021, however, she was actually in possession of the same since long, therefore, she did not mislead the corporation. 14. Be that as it may, this Court is not going to decipher the factum of registered ownership of the vehicle on the basis of its physical possession, but the same has to be deciphered on the basis of statutory certificates, which are issued under the Motor Vehicles Act in this regard by the competent authority and in this case, the certificate demonstrates that the ownership of the vehicle was transferred in the name of Smt. Kiran on 15.03.2021 only. 15. At this stage, Mr. Ashok Thakur, learned Counsel for petitioner Smt. Kiran submits that the work, which was duly carried out by the petitioner on the asking of the respondent-Corporation be saved. Ordered accordingly. 16. As further prayed for, it is ordered that henceforth a fresh agreement be entered into by the respondent-Corporation with petitioner Shankar Singh within a period of two weeks from today, which shall be for a period, as is envisaged in Annexure P-1 appended with CWP No. 3503 of 2021, provided Sh. Shankar Singh is willing to accept the same on the same terms and conditions, on which, it was allotted to Smt. Kiran. Needful shall be done on or before 31st December, 2021, so that from 1st January, 2022, the tender stands allotted in favour of Sh. Shankar Singh. Till 31.12.2021, petitioner Smt. Kiran, as prayed for, is permitted to continue to do the business of transportation, for which, she shall be duly paid for by the respondent-Corporation in terms of agreement already entered into. This protection is being granted by the Court in the larger public interest, taking into consideration the fact that the work being performed by petitioner Smt. Kiran is that of the distribution and uploading of LPG cylinders. The petitions stand disposed of in above terms, so also pending miscellaneous applications, if any. Interim orders, if any, stand vacated.