Page No.# 1/8 GAHC010073352025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1932/2025 NISHIKA ROADLINES PVT. LTD. A COMPANY HAVING ITS REGD. OFFICE AT A.T ROAD, KHUTIKATIA, PO- HAIBORGAON, NAGAON, ASSAM, PIN- 782002, ASSAM AND REP BY ITS DIRECTOR RAJESH KUMAR AGARWAL, S/O- LATE MAHABIR PRASAD AGARWALA, R/O- AT ROAD, N H 37, KHUTIKATIA, NAGAON, PIN- 782002, ASSAM 2: RAJESH KUMAR AGARWAL S/O. LT. MAHABIR PRASAD AGARWAL R/O. A.T. ROAD NH-37 KHUTIKATIA NAGAON PIN-782002 ASSAM VERSUS INDIAN OIL CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR AND HAVING ITS REGD. OFFICE AT INDIAN OIL BHAVAN, G9, ALI YAVAR JUNG MARG, BANDRA EAST, MUMBAI 400051, MAHARSTHTRA 2:THE CHIEF GENERAL MANAGER (LPG) INDIAN OIL AOD STATE OFFICE INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI-781020 DIST. KAMRUP (M) ASSAM. 3:THE MANAGER (LPG-OPS) INDIAN OIL AOD STATE OFFICE Page No.# 2/8 INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI-781020 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR BHARGAV DAS, MR. P N GOSWAMI,MR. C PAUL,MR. K P PATHAK Advocate for the Respondent : SC, OIL, Linked Case : WP(C)/1935/2025 SRIMANTA SANKARDEV AUTO WORLD PVT. LTD. COMPANY HAVING ITS REGISTERED OFFICE AT C/O- M/S L.B MOTORS DIMOWGURI DIST- NAGAON PIN- 782003 ASSAM AND REP BY ITS DIRECTOR SRI ANIL KUMAR CHOUDHURY S/O- LATE KASHI RAM CHOUDHURY S/O- LATE KASHI RAM CHOUDHURY R/O- CHATRIBARI REHABARI GUWAHAT-781008 DIST. KAMRUP(M) ASSAM. 2: ANIL KUMAR CHOUDHURY S/O- LATE KASHI RAM CHOUDHURY R/O- CHATRIBARI REHABARI GUWAHATI- 781008 DIST- KAMRUP (M) ASSAM VERSUS INDIAN OIL CORPORATION LIMITED REP BY ITS MANGING DIRECTOR AND HAVING ITS REGD OFFICE AT INDIAN OIL BHAVAN G9 ALI YAVAR JUNG MARG BANDRA EAST Page No.# 3/8 MUMBAI 400051 MAHARASHTRA 2:THE CHIEF GENERAL MANAGER (LPG) INDIAN OIL AOD STATE OFFICE INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI- 781020 DIST- KAMRUPMETRO ASSAM 3:THE MANAGER (LPG-OPS) INDIAN OIL AOD STATE OFFICE INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI- 781020 DIST- KAMRUP (M) ASSAM ------------ Advocate for : MR BHARGAV DAS Advocate for : SC OIL appearing for INDIAN OIL CORPORATION LIMITED Linked Case : WP(C)/1936/2025 NISHIKA ROADLINES PVT. LTD. LTD. A COMPANY HAVING ITS REGD OFFICE AT AT ROAD KUTIKATIA PO- HAIBORGAON NAGAON ASSAM PIN- 782002 ASSAM AND REP BY ITS DIRECTOR SRI RAJESH KUMAR AGARWAL S/O- LATE MAHABIR PRASAD AGARWALA R/O- AT ROAD N H 37 KHUTIKATIA NAGAON PIN- 782002 ASSAM. 2: RAJESH KUMAR AGARWAL Page No.# 4/8 S/O- LATE MAHABIR PRASAD AGARWALA R/O- AT ROAD NH 37 KHUTIKATIA NAGAON PIN- 782002 ASSAM VERSUS INDIAN OIL CORPORATION LIMITED REP BY ITS MANAGING DIRECTOR AND HAVING ITS REGD. OFFICE AT INDIAN OIL BHAVAN G9 ALI YAVAR JUNG MARG BANDRA EAST MUMBAI 400051 MAHARASTRA 2:THE CHIEF GENERAL MANAGER LPG INDIAN OIL AOD STATE OFFICE INDIA OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GHY 781020 DIST- KAMRUP METRO ASSAM 3:THE MANAGER (LPG-OPS) INDIAN OIL AOD STATE OFFICE INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI- 781020 DIST- KAMRUP METRO ASSAM ------------ Advocate for : MR BHARGAV DAS Advocate for : SC OIL appearing for INDIAN OIL CORPORATION LIMITED Linked Case : WP(C)/1934/2025 SRIMANTA SANKARDEV AUTO WORLD PVT. LTD. A COMPANY HAVING ITS REGISTERED OFFICE AT C/O M/S L.B MOTORS DIMOWGURI Page No.# 5/8 DISTRICT-NAGAON PIN-782003 ASSAM AND REPRESENTED BY ITS DIRECTOR SRI ANIL KUMAR CHOUDHURY AGED ABOUT 60 YEARS SON OF LATE KASHI RAM CHOUDHURY RESIDENT OF CHATRIBARI REHABARI GUWAHATI-781008 DIST. KAMRUP(M) ASSAM. 2: ANIL KUMAR CHOUDHURY SON OF LATE KASHI RAM CHOUDHURY RESIDENT OF CHATRIBARI REHABARI GUWAHATI-781008 DISTRICTKAMRUP (METROPOLITAN) ASSAM. VERSUS INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR AND HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAVAN G-9 ALI YAVAR JUNG MARG BANDRA (EAST) MUMBAI-400051 MAHARASHTRA. 2:THE CHIEF GENERAL MANAGER (LPG) INDIAN OIL AOD STATE OFFICE INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI-781020 DISTRICT- KAMRUP (M) ASSAM. 3:THE MANAGER (LPG OPS) INDIAN OIL AOD STATE OFFICE INDIAN OIL BHAVAN INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI-781020 KAMRUP (M) Page No.# 6/8 ASSAM. ------------ Advocate for : MR BHARGAV DAS Advocate for : SC OIL appearing for INDIAN OIL CORPORATION LIMITED BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 05.05.2025 Heard Mr. P.N. Goswami and Mr. K.P. Pathak, learned counsels for the petitioner. Also heard Mr. M.K. Choudhury, learned Senior Counsel for the IOCL. 2. The petitioners are aggrieved by the change in the conditions in the Notice Inviting Tender (NIT) dated 01.03.2025, inviting bids for award of contract for transportation of bulk LPG by road, for the States of Assam, Meghalaya and Tripura for a period of 5 years. The case of the petitioners is that they are the owners of 12.5 MT and 14.1 MT tankers and they were intending to participate in the tender for carrying the bulk LPG. However, vide Corrigendum dated 28.03.2025, the IOCL have limited the scope of use of 12.5 MT and 14.1 MT tankers to 10% of the total number of vehicles to be used for transportation of LPG. 3. The last date of submission of the bids is 09.05.2025. 4. Mr. P.N. Goswami submits that the Corrigendum would have amounted to changing the basic criteria of the tender, which would prejudice the petitioners. However, in view of paragraph-8 of the affidavit-in-opposition filed by the respondent nos.1, 2 & 3, wherein it has been provided that the 12.5 MT and 14.1 MT tankers of the petitioners would be included within the required fleet of Page No.# 7/8 vehicles for transportation of LPG, he would not like to press the writ petitions. He submits that the petitioners in WP(C) 1932/2025 have 15 (fifteen) 12.5 MT tankers, in WP(C) 1934/2025 the petitioners have 8 (eight) 12.5 MT tankers and 4 (four) 14.1 MT tankers, in WP(C) 1935/2025 the petitioners have 15 (fifteen) 12.5 MT tankers and in WP(C) 1936/2025, the petitioners have 8 (eight) 12.5 MT tankers and 5 (five) 14.1 MT tankers. 5. I have heard the learned counsels for the parties. 6. Paragraph-8 of the affidavit-in-opposition filed by the respondent nos.1, 2 & 3 is reproduced hereinbelow, as follows : “8. That with regard to the statements made in paragraphs 8 & 10 of the writ petition, 10% capping does not represent a structural change to the tender. Moreover, the petitioner's contention that it shall be out of work is false and misleading. Assuming the petitioner has a fleet of 60 nos. of 12.5 MT T/Ts, all his 12.5 MT T/Ts will get inducted as all his T/Ts are new vehicles and vehicles are inducted as per their age. The following table will illustrate how all his T/Ts will get inducted:- Tender for the State No of T/Ts required Higher capacity caping 10% Equivalent no. of 12.5 MT T/Ts to be inducted No of 12.5 MT to be inducted ASSAM 400 40 nos. of 7 MT 280 MT (40 x 7)/12.5 =22.4 which will be rounded to 23. 23 TRIPURA 278 28 nos. of 7 MT 196 MT (28 x 7)/12.5= 15.68 which will be round to 16 16 MANIPUR 316 *No Capping on 12.5 MT 21 Total 60 Page No.# 8/8 Even if the petitioner's T/Ts are all registered either in Assam or Tripura, it will still get preference in Manipur over 7 MT registered in the state of Manipur as there is no restriction of 12.5 MT T/T registered outside Manipur.” 7. In view of the submission made by the counsel for the petitioners, the writ petitions stand closed. JUDGE Comparing Assistant