Bombay High Court M/S. Patil Roadlines And Ors vs Bharat Petroleum Corporation Ltd on 15 July, 2025 2025:BHCAS:28862DB Megha 19_wp_12106_2024_judgment_fc.docx CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12106 OF 2024 WITH INTERIM APPLICATION NO.8956 OF 2025 IN WRIT PETITION NO.12106 OF 2024 M/s. Patil Roadlines and Ors. ...Petitioners V/s. Bharat Petroleum Corporation Limited (BPCL), Manmad Installation through its Chief Manager and Anr. ...Respondents WITH INTERIM APPLICATION (STAMP) NO.21562 OF 2025 IN WRIT PETITION NO.12106 OF 2024 M/s. Patil Transport and Ors. ...Applicants In the matter between : M/s. Patil Roadlines and Ors. ...Petitioners V/s. Bharat Petroleum Corporation Limited (BPCL), Manmad Installation through its Chief Manager and Anr. ...Respondents ______________ Mr. F.T. Mirza, Senior Advocate with Mr. Anand Deshpande and Ms. Amita Chaware for the Petitioners. Mr. Girish Godbole, Senior Advocate with Mr. Roop Basu and Mr. Ahmed Padela i/b. M/s. The Law Point for Respondent No.1. Page No. 1 of 21 Megha 19_wp_12106_2024_judgment_fc.docx Mr. Vinit Jain with Mr. A.R. Varma for Respondent No.2Union of India. Mr. Akshay Lengare with Mr. Aniket Sangle, Mr. Sanket Garud, Mr. Anis Shaikh i/b. Mr. Ajinkya Gaikwad for the Applicants in IAL/21562/2025. ______________ SANDEEP V. MARNE, J. Judgment is reserved on: 8 JULY 2025 Judgment is pronounced on: 15 JULY 2025 Judgment: (PER: SANDEEP V. MARNE, J.) 1. Petitioners have filed the present Petition challenging the tender condition in the impugned tender notice issued by Respondent No.1Bharat Petroleum Corporation Limited (BPCL) for award of work of road transportation of Bulk POL products by Top Loading Tank Lorries from Manmad Installation, Maharashtra to various locations within and outside the State. Petitioners have also challenged the guidelines issued by the Government of India on 18 August 1994 providing for reservation to Scheduled Castes (SC) and Scheduled Tribes (ST) categories in road transport contract by the public sector oil marketing companies. 2. Petitioners are engaged in the business of transport of petrol and petroleum products. BPCL is a public sector Page No. 2 of 21 Megha 19_wp_12106_2024_judgment_fc.docx undertaking engaged in the business inter alia of marketing and selling petroleum products. Petitioners are the existing contractors with BPCL and were successful bidders in the previous tender process and are already providing transportation services of Bulk POL products by Top Loading Tank Lorries from Manmad installations, Maharashtra to various locations within and outside the State. The contract was awarded to them on 1 February 2018 and is in force, initially till 31 January 2023, which has subsequently been extended upto 31 March 2025. 3. On 9 August 2024 BPCL issued tender notice for road transportation of Bulk POL products (MS/HSD/Branded Fuels, etc.) by Top Loading Tank Lorries from BPCL, Manmad Installation Maharashtra to various locations (Depots, Retail Outlets/ direct customers, etc.) within and outside the State. The contract period indicated in the tender notice is for five years. Petitioners have challenged some of the tender conditions in the impugned tender notice, which seek to provide concession in respect of the security deposit as well as nonrequirement of the actual ownership of the lorries by bidders belonging to SC and ST categories. Additionally, 15% reservation is provided for SC category and 7.5% reservation is provided for bidders belonging to ST category in the impugned tender, which condition is also challenged by the Petitioners. Petitioners have al