1 Neutral Citation No. (2025:HHC:16479) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10214 of 2023 Date of Decision: 28.05.2025 _____________________________________________________ M/s Grewal Motors ....Petitioner Versus Himachal Pradesh State Co-operative Milk Producers Federation Limited & others …Respondents ____________________________________________________ Coram Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge Hon’ble Mr. Justice Sushil Kukreja, Judge Whether approved for reporting? No. ________________________________________________ For the petitioner : Mr. Abhimanyu Rathor, Advocate. For the respondents : Mr. Vivek Singh Thakur, Advocate, for respondents No.1 & 2. Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Mr.Navlesh Verma, Ms. Sharmila Patial, Mr.Sushant Kaprate, Additional Advocates General, Mr. J.S. Guleria & Mr. Raj Negi, Deputy Advocates General, for respondents No.3/State. Mr. Atul Jhingan, Advocate, for respondent No.4. Mr. Rajneesh K. Lal, Advocate, for respondent No.5. ________________________________________________ Tarlok Singh Chauhan, Judge (Oral) The instant petition has been filed for grant of the following substantive reliefs:- “i) Issue a writ of certiorari to quash and set-aside the impugned e-reverse auction process and notice dated 06.11.2023 (Annexure P-6) thereof. 2 Neutral Citation No. (2025:HHC:16479) ii) Issue a writ of certiorari to quash and set-aside the clause 2.22 of the terms and conditions of impugned e-reverse auction process dated 06.11.2023 (Annexure P-6) thereof. iii) Issue directions to respondent No.3 to constitute a team of honest officials with impeccable integrity to investigate into the malpractices being repeatedly adopted in the e-reverse auction process (by simply tracing the IP addresses of the computers used by Bidders) by dishonest for eliminating the competition with honest bidders thereof and unjustly gaining the contracts by repeatedly adhering to malpractices and causing losses to the exchequer of state. iv) Issue directions to respondent No.3 to present the investigation report before the Hon’ble Court as expeditiously as possible for perusal of the Hon’ble Court. v) Issue direction to respondents No.1 & 2 to blacklist all the individuals and firms indulged in such malpractices for future e-auction processes thereof. vi) Issue directions to respondent No.3 to initiate criminal proceedings against all the delinquent individuals and firms indulged in such malpractices, which amount to the commission of various offences as prescribed in the Indian Penal Code of 1860 thereof. vii) Issue directions to respondents to re-conduct the entire e-auction process for the work of transportation of milk from Duttnagar to Mother Dairy Karnal/Delhi, afresh in a transparent and fair manner thereof. viii) Issue directions to respondents No.1 & 2 to recover the inflated cost of e-reverse auction process, to be conducted afresh, from the delinquent bidders and also forfeit the earnest money deposit and security deposits made by such delinquent thereof. ix) Issue directions to respondents No.1 & 2 to recover the differential costs of transportation from the delinquent lowest bidders and the bidders who were eventually awarded the contract with higher bid rates thereof (for example respondent No.4). x) Issue direction to respondent No.1 to conduct an inquiry against respondent No.2 take appropriate disciplinary action there against for misfeasance and contumacious conduct in the performance of their duty forthwith.” 3 Neutral Citation No. (2025:HHC:16479) 2. In terms of the tender, copy whereof has been annexed with this petition as Annexure P-6, more particularly condition No.1 thereof, the transporters in order to participate were required to have at least fleet of 8 nos Milk Tankers in good running condition in the name of party/firm. It shall be apt to reproduce condition No.1 of the tender, which reads as under:- “1. The transporter should have at least fleet of 8 nos road Milk Tankers in good condition in the name of party/firm. He has to produce the photocopy of RC of all the tanker at the time of opening the tender, which will be verified/counter checked from the office of District Transport office of concerned area before award of contract. The transport should have at least two years of experience in the transportation business with any of the co-operative institutions/Mother Dairy.” 3. Admittedly, the petitioner does not have any milk tanker registered in its name or in the name as its sole proprietor and, thus, was not eligible to participate in the tender. Obviously, once the petitioner was not eligible to participate in the tender, it has no right to file or maintain this petition since it cannot be held to be a “person aggrieved”. 4. No doubt, the technical committee did not hold the petitioner to be ineligible, but nonetheless this Court is bound to see that the parties before the Court are eligible to participate in the tender so as to ensure that only the person/party aggrieved 4 Neutral Citation No. (2025:HHC:16479) approaches the Court in such matters or else it would be in the realm of a public interest but then this petition has not been filed as a Public Interest Litigation (PIL), but has been filed in a private capacity. 5. Accordingly, the instant petition is dismissed, as not maintainable since the petitioner does not have the locus-standi to file or maintain this petition. Pending application(s), if any, shall also stand disposed of. (Tarlok Singh Chauhan) Judge (Sushil Kukreja) May 28, 2025 Judge (VH)