Sk. Abidul Hussain v. Indian Oil Corporation Ltd. and 22 Ors

O R D E R

15.03.2024

¶1None appears for the petitioner on call. None did represent the petitioner when the matter was called on 29.01.2024. Ms. M D Bora and Mr. SS Roy, learned counsels for the respondents are present.

¶2The present writ petition is filed praying for setting aside and quashing letter of acceptance dated 31.08.2022 issued by the Chief General Manager, Regional Contract Cell Eastern Region, Indian Oil Corporation Ltd. (Marketing Division) in favour of respondent Nos. 4 to 21 pursuant to NIT dated 26.02.2022 for allotment of 70 numbers of tank trucks for road transportation of bulk petroleum products at Digboi Terminal. Further, prayer to issue a direction to the respondent authority to issue letter of acceptance in favour of the petitioner was also made. The petitioner during the course of hearing alleged certain serious illegalities so far same relates to supply vehicle in terms of the tender by the respondent No. 6.

¶3In the aforesaid backdrop, this court under its order dated 14.03.2023 and 05.12.2022 asked the CID to verify the anomalies alleged to have been committed against the successful tenderers. In terms of such order, the respondent No. 6 has handed over possession of a vehicle bearing registration No. AS-09 AC-9075 to the CID.

¶4In the aforesaid backdrop, an FIR was also filed being Digboi PS case No. Page No.# 6/7 183/2022 under Section 406/468/471 IPC. Thus, the vehicle of the respondent No. 6 was under custody of the CID during investigation. In the meantime, the CID has submitted final form under Section 173 of Cr.P.C. closing the investigation and exonerating the respondent / vehicle owner's.

¶5In the aforesaid backdrop, the connected IA being IA (Civil) 3483/2023 is filed for direction of release of such vehicle from the custody of the CID inasmuch as such custody was taken subsequent to order (supra) of this court.

¶6Be that as it may as none appears for the petitioner on call, this writ petition stands dismissed for non-prosecution.

¶7As the writ petition stands dismissed and the CID had already filed Final Report in the case, in the considered opinion of this court there is no requirement for keeping the vehicles under custody of the CID for the purpose of determination of the present litigation. Accordingly, it is clarified that the vehicle under custody of the CID may be released, if the said vehicle is not otherwise required by the CID.

¶8It is also submitted that for the pendency of this writ petition, the registration license as well as EESO license of the petitioner has been kept in hold. It is also clarified that there is no bar for renewal continuation of such license for the reason of the present litigation and the authority shall be at liberty to proceed in accordance with law for renewal/ continuation of such license.

¶9This court has observed that the petitioner has assailed the process of NIT as discussed hereinabove and remained absent on last two occasions and in the meantime, not only valuable judicial time is wasted, this court had to issue direction for CID enquiry which ended up in closure. Page No.# 7/7

¶10Accordingly, in the considered opinion of this court, the petitioner should be imposed with a cost of Rs. 50,000/- to be paid before the Gauhati High Court Legal Services Committee.

¶11Registry shall issue a notice to the petitioner in the address declared in the writ petition asking him to deposit such cost. Such payment be deposited within a period of four weeks from receipt of such notice. JUDGE Comparing Assistant

Page No.# 1/7 GAHC010265742023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3483/2023 M/S A K AND COMPANY BUDDHA MANDIR ROAD, P.O.-DULIAJAN, DIST- DIBRUGARH, ASSAM, PIN-786602 VERSUS SK. ABIDUL HUSSAIN S/O ABDUL AZIZ, R/O DESANG GHAT, P.O.-RAJABARI, P.S.-SIVASAGAR, DIST- SIVASAGAR, ASSAM Advocate for the Petitioner : MR. B CHAKRAVARTY Advocate for the Respondent : SC, I O C Linked Case : WP(C)/6839/2022 SK. ABIDUL HUSSAIN S/O ABDUL AZIZ R/O DESANG GHAT P.O.-RAJABARI P.S.-SIVASAGAR DIST- SIVASAGAR ASSAM VERSUS PageoNo.#o2/7 INDIANoOILoCORPORATIONoLTD.oANDo22oORS. (MARKETINGoDIVISION)oEASTERNoREGIONoOFFICE oREGIONALoCONTRACToSALE oINDIANoOILoBHAWAN o2oGARIAHAToROAD o(SOUTH) oDHAKURIA oKOLKATA-700068 oREPRESENTEDoBYoTHEoCHIEFoGENERALoMANAGER oINDIAoOILoCORPORATIONoLTD.o(MARKETINGoDIVISION) 2:THEoCHIEFoGENERALoMANAGER oINDIANoOILoCORPORATIONoLTDo(MARKETINGoDIVISION) EASTERNoREGIONoOFFICES oREGIONALoCONTRACToSALE oINDIANoOILoBHAWAN o2oGARIAHAToROAD o(SOUTH) oDHAKURIA oKOLKATA-700068 o3:INDIANoOILoCORPORATIONoLTDo(MARKETINGoDIVISION)oDIGBOIo TERMINAL PO-DIGBOI oDIST-TINSUKIA oASSAM oPIN-786171 o4:M/SoSULTANoAHMED G.N.B.oROAD oTINSUKIA oASSAM oPIN-786125 o5:M/SoSHISAMoSHAH MISSIONoPARA oP.O.-TINSUKIA oDIST-oTINSUKIA oASSAM oPIN-786125 o6:M/SoAoKoANDoCOMPANY BUDDHAoMANDIRoROAD oP.O.-DULIAJAN oDIST-oDIBRUGARH oASSAM oPIN-786602 o7:M/SoSEKHARoKALITA SRIPURIA oTINSUKIA oASSAM PageoNo.#o3/7 oPIN-786125 o8:M/SoM.K.oTRANSPORT G.N.B.oROAD oTINSUKIA oASSAM oPIN-786125 o9:M/SoJOYANTAoBARMAN RUPJYOTIoNAGAR oWARDoNO-1 oGOLAGHAT-785621 o10:M/SoN.SoTRANSPORT WESToSRIPURIA oP.O.-TINSUKIA oDIST-TINSUKIA oASSAM oPIN-786125 o11:M/SoBIPLOBoMECH HATIALIoGAON oDIGHOLIA oDIST-oDIBRUGARH oASSAM oPIN-786101 o12:SRIoHIMANTAoHAZARIKA TENGAKHAT oP.O.-TENGAKHAT oDIST-oDIBRUGARH oASSAM oPIN-786101 o13:M/SoPUNAMoTRANSPORT L.N.BoROAD oNEARoNEPALIoMANDIR oSRIPURIA oP.O.-TINSUKIA oDIST-oTINSUKIA oPIN-786125 o14:M/SoAoBoCoCONSTRUCTION GOLAIoNO.o1 oPO-oDIGBOI oDIST-oTINSUKIA oASSAM oPIN-786171 o15:M/SoBAIPALLIoGIRIDHAEoRAO BAMoHUKUTA oP.O.-oDULIAJAN oDIST-oDIBRUGARH oASSAM oPIN-786602 o16:M/SoJOYDEEPoDAS PageoNo.#o4/7 SAMPRITEEoLANEo2oNO.oDULIAJANoGAON oP.O.-ANANDAPARA oDIST-DIBRUGARH oASSAM oPIN-786602 o17:M/SoTUHINoTRANSPORT SAIoSARI oAToROAD oDHKIAJURI oTINSUKIA oASSAM oPIN-786125 o18:M/SoKAVITAoKALITA LACHIToNAGAR oSRIPURIA oTINSUKIA oASSAM oPIN-786125 o19:M/SoPRASADoTRANSPORT SRIPURIAoNEPALIoMANDIR oIOCoROAD oTINSUKIA oASSAM oPIN-786125 o20:M/SoHARDISHoSINGH HIJUGURI oP.O.-HIJUGURI oDIST-TINSUKIA oASSAM oPIN-786192 o21:M/SoBHUJALoGRAMoCOKEoCOAL LEDOoTRAPoGAON oP.O.-LEDO oDIST-TINSUKIA oASSAM oPIN-786182 o22:DEPUTYoCHIEFoCONTROLLERoOFoEXCLUSIVES oGUWAHATI HOUSEoNO.o216 o2NDoFLOOR oABOVEoIDBI oCHANDMARI oGUWAHATI-781021. o23:DISTRICToTRANSPORToOFFICER oKAMRUPo(M) NHoBYPASS oBETKUCHI oGUWAHATI-o781035. Page No.# 5/7 ------------ Advocate for : MR. U K NAIR Advocate for : SC I O C appearing for INDIAN OIL CORPORATION LTD. AND 22 ORS. BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY