IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.171/2006 Decided on.21.4.2008 M/s Palam Gas Service and another …Petitioners. Versus General Manager, Indian Oil Corporation Limited and others. …Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the petitioners : Mr. Dushyant Dadwal, Advocate. For the respondents : Mr. B.N. Gupta, Advocate vice Mr. K.D. Sood, Advocate. Deepak Gupta, J. (oral): By means of this petition, the petitioners have prayed that the respondents be directed to attach their trucks for transportation of gas cylinders from their Bottling Plant at Baddi to various places in Himachal Pradesh. The brief facts, necessary for the decision of this petition, are that on 18th March, 2004, respondent-Indian Oil Corporation issued an advertisement inviting tenders for transportation of gas cylinders from its Bottling Plant at Baddi to various places in Himachal 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. 2 Pradesh. The petitioners submitted tenders wherein they gave details of 9 trucks. One of the conditions of the tenders was that the trucks to be attached should be less than 12 years old. The tenders of the petitioners were not considered because according to the respondents, the petitioners had not submitted their renewed registration certificates in respect of 5 trucks and 4 trucks were found to be more than 12 years old. The petitioners sent a reply in which they submitted in respect of 2 trucks that though they are more than 12 years old but would be replaced and in respect of two trucks submitted that they are less than 12 years old. They submitted renewed registration certificates in respect of the remaining 5 trucks. It is absolutely clear that as far as 2 trucks are concerned, they were admittedly more than 12 years old and the same could not have been considered. In respect of the other 2 trucks, the case of the petitioners is that these trucks were not 12 years old when the tenders were taken up for consideration. We are not impressed with this argument. The purpose of having condition like this is to ensure that the cylinders are transported safely and without delay. The respondents in their reply have clearly stated that both these trucks were of 1992 model. The petitioners have filed rejoinder, but have failed to produce any material on record to show on which date they had purchased these 2 trucks and on which date the registration certificates of these 2 trucks were issued. Even if these trucks were not 12 years old in June, 2004 they were about to complete 12 years of age when the tenders were taken up for consideration. The petitioners had earlier 3 filed a writ petition No. 1071/2004 on the same cause of action wherein on behalf of the Corporation it was stated that the case of the petitioners would be considered subject to their qualifying norms as provided under the policy. This statement was accepted by the petitioners in the year 2006 when these 2 trucks were more than 12 years old and could not have been considered. Out of 5 trucks, 3 trucks were attached with the Bottling Plant, Una, which admittedly were shifted to Jallandhar and these trucks could not have been attached with the Bottling Plant at Baddi without ‘no objection’ from the Corporation. No ‘no objection’ has been produced. In fact, the respondents have attached letter dated 26th April, 2004 with the reply wherein the respondents have specifically rejected the request of the petitioners and have not permitted them to quote their trucks attached with the Jallandhar/Una Bottling Plant. This fact was withheld by the petitioners while filing the petition. Therefore, only 2 trucks remained with the petitioners and they have been awarded work order for these 2 trucks. The petitioners could not have been awarded any work order for any other trucks. Therefore, there is no merit in the writ petition and the same is rejected. There shall be no order as to costs. (Deepak Gupta), Judge ( Rajiv Sharma), Judge April 21, 2008 *Awasthi*