DURGA TRANSPORT COMPANY v. BHARAT PETROLEUM CORPORATION LIMITED (BPC) AND ORS
WPA/15199/2026 · 2026-07-10
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27931 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27931 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 7
10.07.2026 Court. No. 25
suvayan WPA 15199 of 2026
Durga Transport Company Vs. Bharat Petroleum Corporation Limited (BPC) & Ors. Mr. Billwadal Bhattacharyya, Sr. Adv. Mr. Suryaneel Das
Mr. Tamoghna Pramanick
Mr. Subha Pathak
Mr. Indrasish Bose …for the petitioner. Mr. Sanjib Kr. Mal
Ms. Shomrita Das
Mr. Shomrik Das …for the respondents. 1. The affidavit-of-service filed by the petitioner be kept with the record. 2. The petitioner has filed the present writ application challenging the impugned order dated March 20, 2026 wherein the TTs no. OD05BX3600 was terminated with immediate effect for failure to submit the RC and PESO license within four months from the date of issuance of LOI as mandated by corrigendum dated April 4, 2025. 3. Learned counsel for the petitioner submits that LOI was issued on October 10, 2025. The petitioner has to transfer the PESO license as well as the ownership of the registration of the vehicle within four months. After getting the LOI, the petitioner has applied for transfer of ownership of the vehicle-in-question as well as the PESO license but the same was pending. In the meantime, the respondent authorities issued show cause notice to the petitioner as to why the LOI issued to the petitioner shall not be terminated as the petitioner failed to transfer the ownership of the vehicle as well as the PESO license. The
2 petitioner has submitted a reply praying for some time as the transfer of the ownership and the PESO license are under process. 4. Considering the reply submitted by the petitioner, the respondent authorities have passed the impugned order by terminating the appointment for violation of terms and conditions as petitioner failed to transfer the ownership of the registration and the PESO license. 5. Mr. Bhattacharyya, learned Senior Advocate appearing for the petitioner submits that though on the date of issuance of show cause notice and filing the reply, the registration of the vehicle and the PESO license could not be transferred in the name of the petitioner but subsequently, on February 25, 2026 the registration of the vehicle is transferred in the name of the petitioner and the PESO license is also transferred on March 25,
2026.
He submits that at present the petitioner is having the valid document to show that the registration of the vehicle and the PESO license are in the name of the petitioner with respect of the vehicle-in-question. He prays for setting aside the impugned order and direction upon the respondent authorities for consideration of the request of the petitioner afresh. 6. Learned counsel for the petitioner has relied upon the
judgment passed by this Court in the case of M/s. Sewak Enterprises vs. The Union of India & Ors. in WPA 7477 of 2026 dated March 30, 2026 wherein this Court has set aside the show cause notice and the impugned order for termination and directed the
3 respondent authorities to consider the case of the petitioner in accordance with law.
7. Per contra,
learned counsel appearing for the respondent authorities raised objection and submits that the petitioner failed to get the registration of the vehicle as well as the PESO license in his name within four months. To give an opportunity to the petitioner a show cause notice has been issued and in the show cause notice also the petitioner admitted that the vehicle as well as the PESO license had not been transferred in the name of the petitioner. He has relied upon the corrigendum of the terms of the contract wherein it is mentioned that in case the bidder fails to submit the required documents with change of name, etc. within four months of issue of LOI, suitable penal action shall be taken and accordingly, the respondent authorities found that the petitioner has not get the vehicle as well as the PESO license transferred in his name accordingly impugned order is passed. 8. Learned counsel for the respondents further submits that the impugned order is passed on March 20, 2026 and the petitioner has filed the present writ application in the month of June 2026. In the meantime, for the interim arrangement an ad hoc transporter has been appointed in place of the petitioner for smooth functioning of the business of the respondent authorities. 9. Heard the learned counsel for the respective parties, perused the materials on record. 10. It is true that as per the LOI the petitioner has to get the registration certificate and the PESO license transferred
4 in his name within four months from the date of LOI. It is also admitted that within four months the registration and the PESO license had not been transferred and the petitioner in his fair way in the reply to the show cause notice informed the authorities it has not been transferred but it is under process. The respondent authorities have passed the impugned order on March 20, 2026 as the vehicle and the PESO license have not been transferred. 11. The petitioner has disclosed the registration certificate of the vehicle-in-question which reveals that on February 24, 2026 the vehicle has been transferred in the name of the petitioner and the PESO license has been transferred in the name of petitioner on March 25, 2026. 12. Considering the above, the petitioner is directed to make a detailed representation by disclosing all the documents to the respondent no.
5 and, if any, representation is made along with the all documents by the petitioner, the respondent no. 5 shall consider the request of the petitioner and to pass reasoned and speaking order within a period of four weeks from the date of receipt of representation. 13. WPA 15199 of 2026 is disposed of. 14. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)