IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 19039 of 2009 DATE OF DECISION : 10.12.2009 Rasila Filling Station .... PETITIONER Versus M/s Indian Oil Corporation Ltd. ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. G.S. Bajwa, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the letter dated 6.7.2009 (Annexure P-7), issued by the respondent Corporation, intimating to the petitioner that its offer of one Tank Truck bearing registration No. PB 02 AU 9951 of 16 Kilo Liter capacity against the POL Transportation Tender 2008, could not be considered for issuance of Letter of Intent, as it was not fulfilling the tender conditions. We have heard the arguments of learned counsel for the petitioner. The petitioner had participated in the POL Transportation CWP No. 19039 of 2009 -2- Tender 2008 as dealer tenderer and offered one Tank Truck bearing registration No. PB 02 AU 9951 of 16 Kilo Liter capacity. It is the admitted position that as per the published tender notice, Tank Trucks of only 12 Kilot Liter or 18/20 Kilo Liter capacity were asked to apply, whereas the capacity of the Tank Truck of the petitioner is 16 Kilo Liter. On this ground, tender of the petitioner was not accepted. Learned counsel for the petitioner argued that now the petitioner firm is ready to convert the capacity of its Tank Truck from 16 Kilo Liter to 20 Kilo Liter, in case it is given the work order. The petitioner has given such undertaking to the respondent Corporation, but the same has not been taken into consideration and its offer for the tender work has been rejected. Learned counsel argued that the Tank Truck having the capacity of 11 Kilo Liter has been granted the tender, therefore, the respondent Corporation has acted discriminately and arbitrarily. After considering the submissions made by learned counsel for the petitioner, we do not find any force in the same. The petitioner has not been able to make out any case of discrimination. No example of Tank Truck having the capacity of 16 Kilo Liter being granted the tender, has been quoted. The contention that the petitioner is ready to change the capacity of its Tank Trcuk, provided it is given the tender, also cannot be accepted. However, after making the necessary change in the capacity of the Tank Tanker, the petitioner may make fresh application, if there is any time left for making such application, but on such an undertaking, the respondent CWP No. 19039 of 2009 -3- Corporation cannot be directed to accept the offer of the petitioner. Thus, we do not find any ground to interfere in the impugned action of the respondent Corporation. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE December 10, 2009 ( MEHINDER SINGH SULLAR ) ndj JUDGE