M/S. LORD SHIVA ENTERPRISES AND ANR. v. UNION OF INDIA AND ORS.
WPA/5416/2026 · 2026-03-30
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7733 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7733 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 10
30.03.2026 Court. No. 25
suvayan WPA 5416 of 2026
M/s. Lord Shiva Enterprises & Anr. Vs. The Union of India & Ors. Mr. Kalyan Kumar Bandopadhyay, Sr. Adv. Mr. Rahul Kumar Singh
Ms. Utsa Poddar
Ms. Sneha Sarkar
…for the petitioners. Ms. Rashmi Bothra
Ms. Ranjana Chatterjee …for U.O.I.
Mr. Biswanath Chatterjee
Ms. Sayonee Bera
Mr. Soham Krishna Chatterjee …for the respondent nos. 2 & 3. 1. The supplementary affidavit filed by the learned counsel for the petitioners be kept with the record. 2. The petitioners have challenged the show-cause notice dated February 23, 2026 wherein the respondents/authorities have called upon the petitioners to show-cause within seven days from the date of receipt of communication as to why appropriate action shall not be initiated against the petitioners in terms and conditions of the tender/LOA. Failing receipt of a satisfactory to the reply, the authority will take appropriate steps including cancellation/withdrawal of LOA as per the tender/LOA and without any further notice. 3. The petitioners have filed the supplementary affidavit disclosing the reply submitted by the petitioners to the show-cause notice wherein the petitioners have
2 categorically stated that the ownership of the vehicle in question has already been transferred in the name of the petitioners and the PESO license has already been transferred. The authorities have not taken any decision to the show-cause notice after receipt of the show-cause reply. The petitioners have also disclosed the copy of the registration certificate of the vehicle wherein it reveals that the vehicle has transferred in the name of the petitioners in January 21, 2026 and PESO license has been transferred on February 12, 2026. 4. Learned counsel for the respondents submits that the extension of existing bulk LPG transportation contract by road it is categorically mentioned that the transporters who received LOI of different OMC/State would be allowed to terminate or foreclose the contract during the extended period by giving 15 days notice and if agree to carry on future business during extended period consent is to be submitted in the format. He submits that the petitioners have not submitted any consent for the extension period but the petitioners have accepted LOA, thus the petitioners cannot claim the benefit of extension period. 5.
He submits that the petitioners have submitted an undertaking that within four months from the date of LOA, he will get the ownership and PESO license transfer in his name but the petitioners failed to do so, thus the respondents have issued show-cause notice upon the petitioners. 3
6. This Court finds that after receipt of the show-cause notice, the petitioners have filed reply and the petitioners also disclosed the ownership and PESO license of the vehicle which has already been transferred in the name of the petitioners. 7. The writ petition is disposed of by directing the respondents/authorities to consider the reply submitted by the petitioners along with the transfer of ownership and the PESO license and to pass appropriate order, if required an opportunity of hearing be given to the petitioners within a period of two weeks from the date of receipt of this order. 8. The writ petition is disposed of at the stage of motion without calling affidavit, allegations made in the writ petition deemed to have been denied. 9. WPA 5416 of 2026 is disposed of. 10. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Krishna Rao, J.)