- 1 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105723 OF 2025 (GM-TEN) BETWEEN: M/S. GIREESHSHASTRI S. JEERE, PROPRIETOR FOR FAKEERESH FUELS, #199, DATTATREYA TEMPLE ROAD, GAJENDRAGADA, GADAG -582114. …PETITIONER (BY SMT. ARCHANA A. MAGADUM AND SRI. ANANDKUMAR A MAGADUM, ADVOCATES) AND: 1. M/S. HINDUSTAN PETROLEUM CORPORATION LTD. HUBLI NEW IRD, 47, RAYAPUR INDUSTRIAL AREA, POST: SATTUR, DHARWAD, HUBLI -580009. REPRESENTED BY ITS CHIEF MANAGER. 2. BABU GOODS TRANSPORT #23, HOSA ONI, RAYAPUR, POST: SATTUR, DHARWAD-580009. 3. PATTANSHETTI M. SAND TRANSPORT CONTRACTOR, DHARWAD ROAD, SAUNDATTI -591126. …RESPONDENTS (BY SRI. C.V. ANGADI, ADVOCATE FOR R1; NOTICE TO R2 AND R3-DEFERRED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 QUASHING THE LIST OF TT ALLOCATION TO THE OTHER PARTICIPANTS PARTICIPATED IN THE TENDER PROCESS ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-D BEARING NO. 2400019708- HD-09050(RFQ-5100019708) AND ALSO TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ACCEPT THE BID AND ISSUE WORK ORDER TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Issue writ of Certiorari quashing the list of TT allocation to the other participants participated in the Tender process issued by Respondent no.1 vide ANNEXURE-D bearing no. 2400019708-HD- 09050(RFQ-5100019708), ii) Issue Writ of Mandamus directing the Respondent to accept the bid and issue work order to the Petitioner. iii) Pass such other writ, order or direction as deemed fit in the interest of Justice and Equity. 2. The petitioner is agreed by non-issuance of letter of acceptance to the petitioner as regards the tender published by the respondent/Corporation in terms of Annexure-A. - 3 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 3. Smt. Archana Magadum., leaned counsel for the petitioner would submit that the petitioner having submitted its technical bid in a proper manner, having provided 5 bottom loading tankers and 5 top loading tankers in terms of the tender, any bidder being permitted to offer both top and bottom loading, it is only at the time when the work is to be carried out that the petitioner is required to make available bottom loading tankers by either getting new tankers or converting the top loading tankers to the bottom loading tankers. She submits that the bid of the petitioner ought to have been considered. 4. Shri C.V.Angadi., learned counsel appearing for respondent No.1-Petroleum Corporation Limited, would however contend that though that option is available, the manner of evaluation is provided in terms of clause 15 of the Price Evaluation of the Tenders. In terms thereof, preference and priority is allotted as under: - 4 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 “15. In case, at a particular ranking (financial outgo ranking), Tank Trucks offered are more than the requirement, then the Tenderers in that particular ranking shall be further ranked based on the following order of priority and allocation shall be made only till the full requirement of Tank Trucks is met: 1. Number of owned Bottom Loading Trucks offered 2. Number of attached Bottom Loading Trucks offered 3. Number of total Owned trucks offered by the tenderer 4. Number of total Attached Trucks offered by the tenderer 5. Average Age of the Trucks offered 6. Number of Total Tank trucks offered by the tenderer. "Average Age of all the Trucks for a Transporter will be considered. Note: Ranking will be done schedule wise i.e., separately for 12-<18KL, 18-<25KL and 25KL and above. After the bidders have been ranked/sub- ranked as per above criteria, allocation will be done in the following manner: 1. Owned Bottom Loading Trucks 2. Attached Bottom Loading Trucks 3. Owned Top Loading Tank trucks 4. Attached Top Loading Tank trucks - 5 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 However, it is to be noted that the Reservation/Purchase Preference will be applicable.” 4.1. In that background, he submits that respondent Nos.2 and 3 having furnished more bottom loading tankers, then the petitioner, they have been selected. Inasmuch as respondent No.2 had submitted a bid enclosing 13 bottom loading tankers, respondent No.3 has submitted a bid enclosing 13 bottom loading tankers and 1 top loading tankers, which are all owned by respondent No.2 and 3 and as such, in the matrix of priority, they stood much higher then the petitioner since the petitioner owns 3 bottom loading tankers, 3 top loading tankers. There are 2 top loading tankers and 2 bottom loading tankers which are attached to the petitioner. Thus, if the overall priority in terms of clause 15 of the Price Evaluation of Tenders - 6 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 is taken into consideration, in terms of priority, the petitioner did not come at the top of the priority requiring the petitioner to be awarded a tender. 5. The submission of Shri C.V.Angadi., learned counsel for respondent No.1- Petroleum Corporation Limited is borne out by clause 15 of the Price Evaluation Of Tenders, inasmuch as the order of priority is firstly, for owned bottom loading trucks, secondly, for attached bottom loading trucks, thirdly, for owned trucks offered by a tenderer and fourthly, for attached trucks. Thereafter, the age of the trucks and total number of trucks offered, would be taken into consideration. 6. In the present case, respondents No.2 and 3 have offered 13 and 14 trucks, each of them having offered 13 bottom loading trucks. The petitioner as indicated supra has offered 10 trucks, out of which, 3 - 7 - HC-KAR NC: 2025:KHC-D:10741 WP No. 105723 of 2025 are bottom loading and 3 are top loading owned by the petitioner and 2 top loading and 2 bottom loading are attached to the petitioner. 7. Thus, I do not find any infirmity in the non-grant of the letter of acceptance to the petitioner, the petition stands dismissed. 8. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA List No.: 1 Sl No.: 84