IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO: 10121 of 2004 Between: Geddam Venkata Rao S/o Aseervadam, Malakapalli, Tallapudi Mandal, West Godavari District ... PETITIONER AND Terminal In-Charge, Kakinada Terminal, Hindustan Petroleum Corporation Limited, APIIC, Industrial Area, Vakalapudi, Kakinada- 533 005 ...RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ stating that the Clause F-2 (Special Terms and Conditions) at page No. 9 of the General Terms and conditions of Credential Bid in not allowing the new entrants to participate in the bid as unconstitutional Counsel for the Petitioner: MR.P.V.L.BHANU PRAKASH Counsel for the Respondent: MR.M. RAVINDRANATH REDDY The Court at the stage of admission made the following Order: W.P.No.10121 of 2004 ORDER: The petitioner questioned the General Terms and Conditions/Guidelines issued by the Hindustan Petroleum Corporation Limited in respect of submission of tenders for road transportation of Bulk Naphtha by Tank Trucks from various locations. Questioning the special terms of condition No.2 as being unconstitutional, the present writ petition is filed. As per the special terms and conditions, the tenderer quoting a price for that tender should have at least one truck in the name of the firm/proprietor. Such restriction is unreasonable according to the learned counsel for the petitioner. The learned counsel for the respondents contended that as per the terms and conditions the tenderer must possess one truck, but the petitioner did not possess any truck at the time of filing the tender. All the tenders have been received; the date of receipt of tenders is over. Further, the condition No.2 cannot be said to be unreasonable, because the nature of contract is to transport Naphtha by Tank Trucks. The condition is that the tenderer should possess one truck and thereafter, required quantity should be carried. The highest bidder shall have to acquire such number of trucks as required for the purpose of transportation. Considering the nature of contract, the restriction of possessing a truck by a tenderer is not illegal or unreasonable. Therefore, the writ petition is devoid of merit and is accordingly dismissed, at the stage of admission, under the circumstances, without costs. _____________ (K.C. BHANU, J) June 22, 2004 Dsk/Sj To 1. Terminal In-Charge, Kakinada Terminal, Hindustan Petroleum Corporation Limited, APIIC, Industrial Area, Vakalapudi, Kakinada-533 005 2. Two C.D. Copies