Extracted from the PDF above. The PDF is authoritative.
01.9. 2025 item No.2 n.b. ct. no. 24
WPA 19991 of 2025
Sk. Nur Hassan Vs. Indian Oil Corporation Ltd. & Ors. Mr. Debobrata Saha Roy, Mr. Subhankar Das, ….. for the petitioner. Mr. Amit Kumar Nag, Mr. Partha Banerjee, Mr. Rishita Sarkar, …… for the State respondent. Petitioner has been engaged as a transport contractor of Oil Companies under the name and style of
“Sk. ROAD LINES” and carrying on business of transporting bulk petroleum products and owned number of Tank Trucks(TTs) as per specification of Oil Companies. The petitioner has given work order for transportation of Black Oil Ex-Paradeep Terminal and he engaged total five numbers of TTs therein. The petitioner also engaged six numbers of TTs in terms of work order for Black Oil Ex. Haldia Refinery Terminal. Petitioner has also received a work order for transportation of LPG cylinders in vertical position on unit rate basis Ex. Kharagpur bottling plant under West Bengal State office. Petitioner’s five TTs were black listed by the Orissa State office regarding transportation of Black Oil Ex. Paradip Terminal. Petitioner has
accepted that order of black listing reserving his right to challenge illegal decision of IOCL authorities. However, it is the contention of the petitioner that he has been continuing his transportation business of IOCL under two separate contracts, one is transportation of LPG cylinders through track from Ex. Kharagpur terminal, second is transportation of Black Oil through his owned TTs from Haldia Terminal. Suddenly, the petitioner has been refused to load LPC cylinders in his truck from Ex. Kharagpur Terminal on and from May 2025. Petitioner further contended arrear transpiration bill under the said contract has also been withheld due and payable to the petitioner from the month of January
2025. He submits that petitioner made representation to the authority on April 2025 but none of his representations are responded. It is further contention of the petitioner that he has contracted the concerned Orissa State office ,concerned office informed him that the black listing is only in respect of Orissa State office for transportation of Black Oil Ex-Paradeep Terminal. Petitioner has filed some bank statement wherefrom it appears that payment of bills for transportation LPG cylinders has been lastly made thorough bank on January 6, 2025. Thereafter, no payment has been made. 2
Mr.
Debabrata Saha Roy, learned senior advocate appearing on behalf of the petitioner submits that act and action of the respondent authority is arbitrary and illegal. They cannot block/stop running of track carring LPG cylinders by showing the reasons that the transporter has blacklisted in other State office. He has placed the circular no.95-B of the IOCL as follows:
“6.5. If the Transporter is black listed in one location and is doing job at other location within the same or in other State Office, the transporter should be allowed to complete the work as per contract which have already been awarded in those other locations. Necessary modification to be done in SAP for making the payment to the Transporter in those locations where it will be plying by respective State Offices. During this black listed period of the transporter, they will not be able to participate in any fresh Tender.” Mr. Saha Roy, learned counsel further submits that the authority concerned has not respondent or any assigned reason for not allowing to transport the LPG cylinders from Ex. Kharagpur Terminal. So, the authority concerned may be directed to allow the petitioner to transport LPG from Ex. Kharagpur Terminal and the respondents may also be directed to release all arrear transportation bills pending due and pay to the petitioner since January, 2025. Mr. Amit Kumar Nag, learned counsel on behalf of the IOCL submits that the petitioner has not placed on record any document in respect of the order of stay of transportation or order of stopping truck for transportation of LPG cylinders from Ex. Kharagpur Teriminal. He further submits that the petitioner has 3
only placed some other work orders and also placed on record the fact of black listing of five TTs of petitioner, to transport black oil from Ex. Paradeep Terminal. He further submits that the petitioner has accepted the order of black listing in respect of Orissa State office. Mr.
Nag, clearly submits that if the petitioner’s truck transporting LPG cylinders from Ex. Kharagpur terminal is not stayed by a speaking order of the authority, the same cannot be stalled or stopped operation due order of blacklisting passed by the Orissa State office in connection with other work order regarding transporting of black oil. Having heard the learned counsels, it appears that the petitioner has time and again informed the authority asking them to assign any reason regarding not allowing transpiration of Indene LPG cylinders Ex. Kharagpur LPG bottling plant, but the authority concerned has not assigned any reason and also not allowed the petitioner to transport according to relevant work order. Considering the entire aspect, it appears to me that the writ petition should be disposed of with a direction upon the respondent authority. Accordingly, the instant writ petition is disposed of with a direction to the respondent authority to allow the petitioner’s the truck being no. WB 29C1747 for transportation of LPG cylinders from Ex. Kharagpur 4
Terminal and release his arrear transportation pending bills for transportation of LPG cylinders from Ex. Kharagpur Terminal on or from January 2025. if the petitioner was stopped due to the order of blacklisting issued by Orissa State office in respect of order tender no.RCC/ERO/37/2021-22/PT-68, within a period of seven days from the date of communication of this
order; in case of other grounds exist therein, the authority concerned must inform same to the petitioner within such period as mentioned hereinabove. Accordingly, the writ petition is disposed of. Since no affidavits are exchanged between the parties, the allegation made in the writ petition shall be deemed to have been not admitted. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court. ( Subhendu Samanta, J.) 5