WP(C)/2770/2026 of BAID PARIWAHAN LIMITED Vs THE UNION OF INDIA AND 5 ORS on 13 October 2026

GAHC010102222026

2026:GAU-AS:15617

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2745/2026 M/S HELANG PHOM THROUGH ITS PROPRIETOR MR. HELANG PHOM, HAVING ITS OFFICE AT H/N - 2B, NAHARBARI, NH 29, DIMAPUR, NAGALAND - 797 112. VERSUS

THROUGH ITS SECRETARY, A-WING, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI - 110001

INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI -781 020 3:THE GENERAL MANAGER L.P.G. (OPERATIONS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020 4:THE MANAGER L.P.G (OS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781020 ASSAM

Page No.# 2/12 5:THE DEPUTY MANAGER L.P.G (FINANCE) THE INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI 781 020 ASSAM 6:THE DEPUTY MANAGER L.P.G. (SALES) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 02 Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., MS J SAIKIA Advocate for the Respondent : DY.S.G.I., MR. S S ROY(C.G.C.)R1,SC, I O C

M/S LIMA AKUM THROUGH ITS PROPRIETOR OLANG OZUKUM AGED ABOUT 35 YEARS HAVING ITS OFFICE AT OZUKUM COMPLEX NEAR NAGAMESE CHURCH AOYIMKUM VILLAGE DIMAPUR - 797112 NAGALAND. VERSUS

THROUGH ITS SECRETARY A-WING SHASTRI BHAWAN DR. RAJENDRA PRASAD ROAD NEW DELHI - 110 001

INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFIC SECTOR-III NOONMATI

Page No.# 3/12 GUWAHATI -781 020 3:THE GENERAL MANAGER L P G (OPERATIONS) THE INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020 4:THE MANAGER L P G (OS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020 ASSAM 5:THE DEPUTY MANAGER L P G (FINANCE) THE INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI 781 020 ASSAM 6:THE DEPUTY MANAGER L P G (SALES) THE INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020

Advocate for : MR. S BORTHAKUR

SMTI SHRUTI AGARWAL W/O SANJAY AGARWAL R/O SURYAVILLAS 1ST FLOOR FLAT NO 1A RKC ROAD NEAR HARYANA BHAWAN BHARALUMUKH GUWAHATI

Page No.# 4/12 ASSAM 781009 VERSUS

THROUGH ITS SECY A WING SHASTRI BHAWAN DR. RAJENDRA PRASAD ROAD NEW DELHI 110001

INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 3:THE GENERAL MANAGER L.P.G. OPERATIONS THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 4:THE MANAGER L P G OS THE INDIAN OIL CORPORATION LTD. IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 ASSAM. 5:THE DEPUTY MANAGER LPG SALES THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020

Advocate for : MR S BORTHAKUR SR. ADV.

KARAMVEER TRANSPOT CO PVT LTD THROUGH ITS AUTHORIZED DIRECTOR MR. KARAMVEER SINGH HAVING ITS OFFICE AT 2ND FLOOR UPOHAR TOWN CENTRE 2052 CHAK GARIA KOLKATA 700094 WEST BENGAL. VERSUS

THROUGH ITS SECY. A WING SHASTRI BHAWAN DR RAJENDRA PRASAD ROAD NEW DELHI 110001

INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 3:THE GENERAL MANAGER LPG OPERATIONS THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 4:THE MANAGER LPG OS THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 ASSAM. 5:THE DEPUTY MANAGER LPG FINANCE THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE

SECTOR III NOONMATI GUWAHATI 781020 ASSAM. 6:THE DEPUTY MANAGER LPG SALES THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 7:CHIEF MANAGER LPG DISTRIBUTION EAST ZONE HINDUSTAN PETROLEUM CORPORATION LTD. PURBANCHAL BHAWAN 771 ANANDAPUR E.M. BYPASS KOLKATA 700107 ------------ Advocate for : MR S BORTHAKUR SR. ADV.

BAID PARIWAHAN LIMITED THROUGH ITS DIRECTOR SMTI. JINI JAIN AGED ABOUT 48 YEARS HAVING ITS OFFICE AT 1-J EMBASSY BUILDING 4 SHAKESPEARE SARANI KOLKATA 700 071 WEST BENGAL. VERSUS

THROUGH ITS SECRETARY A-WING SHASTRI BHAWAN DR. RAJENDRA PRASAD ROAD NEW DELHI - 110 001

INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI -781 020 3:THE GENERAL MANAGER L.P.G (OPERATIONS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020 4:THE MANAGER L.P.G (OS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020 ASSAM 5:THE DEPUTY MANAGER L.P.G (FINANCE) THE INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI 781 020 ASSAM 6:THE DEPUTY MANAGER L.P.G (SALES) THE INDIAN OIL CORPORATION LIMITED IOCL INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020

Advocate for : MR S BORTHAKUR SR. ADV.

MS KITCHENMATE THROUGH ITS AUTHORIZED DIRECTOR MR ARUP MANDOL HAVING ITS OFFICE AT JUNCTION OF VIDYASAGAR AVENUE AND KIRTIBAS ROAD NORTH DURGAPUR STEEL TOWNSHIP B ZONE

Page No.# 8/12 DURGAPUR 713205 WEST BENGAL VERSUS

THROUGH ITS SECY. A WING SHASTRI BHAWAN DR RAJENDRA PRASAD ROAD NEW DELHI 110001

INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 3:THE GENERAL MANAGER LPG OPERATIONS THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 4:THE MANAGER LPG OS THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 ASSAM. 5:THE DEPUTY MANAGER LPG SALES THE INDIAN OIL CORPORATION LTD IOCL INDIAN OIL AOD STATE OFFICE SECTOR III NOONMATI GUWAHATI 781020 6:CHIEF MANAGER LOGISTICS LPG EAST BHARAT PETROLEUM CORPORATION LTD. BHARAT BHAVAN PLOT NO 31 PRINCE GULAM MD. SHAH ROAD GOLF GREEN

KOLKATA WEST BENGAL 700095 ------------ Advocate for : MR S BORTHAKUR SR. ADV.

PAWAN BAID S/O- SRI BUDHMAL BAID R/O- CAPITAL TRAVELS BUILDING CLUB ROAD SILCHAR - 788 001 ASSAM. VERSUS

THROUGH ITS SECRETARY A-WING SHASTRI BHAWAN DR. RAJENDRA PRASAD ROAD NEW DELHI - 110 001

INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI -781 020 3:THE GENERAL MANAGER L.P.G (OPERATIONS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020 4:THE MANAGER L.P.G (OS) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI

Page No.# 10/12 GUWAHATI - 781020 ASSAM 5:THE DEPUTY MANAGER L.P.G (FINANCE) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI 781020 ASSAM 6:THE DEPUTY MANAGER L.P.G (SALES) THE INDIAN OIL CORPORATION LIMITED (IOCL) INDIAN OIL AOD STATE OFFICE SECTOR-III NOONMATI GUWAHATI - 781 020

Advocate for : MR S BORTHAKUR SR. ADV. Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

Date : 14.10.2026

1. Heard Mr. S Borthakur, learned senior counsel assisted by Ms. J Saikia, learned counsel for the petitioners. Also heard Mr. M Sharma, learned standing counsel, IOCL and Mr. S Borthakur, learned standing counsel, HPCL.

2. These batch of writ petitions relates to the Speaking order/Termination Order dated 05.05.2026, issued by the respondent authorities, terminating ATS Tank Trucks of the petitioners, withdrawing the Letter of Acceptance, and upholding suspension of the Tank Trucks of the petitioners inducted under the Agreement to Sale (ATS) framework, pursuant to a Notice Inviting Tender (NIT) dated

01.03.2025, for Bulk LPG Transportation in the State of Assam and Meghalaya.

3. Challenge to similar speaking order arising out of the same tender process has been determined by a Coordinate Bench in a batch of writ petitions, under its judgment and order (Oral), dated 05.10.2026 in WP(C) 2747/2026 and other connected writ petitions.

4. The learned counsel for the parties at bar, submits that the present writ petitions shall also be covered by the said decision.

5. Accordingly, Mr. Sharma, learned Standing Counsel, IOCL, submits that necessary exercise shall be carried out in respect of the present petitioners too, in terms of the aforesaid judgment.

6. The relevant portion of the judgment is quoted herein below “65. In view of the aforesaid discussion, the impugned orders of termination insofar as they relate to the petitioners who had complied with the conditions stipulated in the note dated 15.01.2026 cannot be sustained and warrant interference in exercise of the extraordinary writ jurisdiction of this Court.

66. However, insofar as the petitioners who failed to upload the updated RC within the stipulated period and consequently did not satisfy the conditions for availing the relaxation contained in the note dated 15.01.2026 are concerned, the impugned orders do not suffer from any such manifest arbitrariness or perversity as would warrant interference under Article 226 of the Constitution of India. The termination orders in respect of such petitioners, therefore, warrant no interference.

67. Accordingly, the respondent authorities are directed to verify the case of the petitioners as regards whether they

have uploaded the RC either along with the amended PESO license or with the stipulated time within which such PESO License would be completed in terms of the note to the E- mail dated 15.01.2026 on or before 21:00 hours of 15.01.2026. Upon such verification being made, the petitioners who have taken action in terms of the note contained in the E-mail dated 15.01.2026, the respondents shall revoke the termination orders issued to such petitioners in respect of such work orders. However, the termination orders in respect of the remaining petitioners who did not take action in terms of the said note, would continue to operate.

68. It is needless to be clarified that the above exercise shall be completed positively within a period of one month, from the date of receipt of certified copy of this Court’s order.”

7. In view of the aforesaid, these batch of writ petitions stands disposed of in terms of the determination made in the order dated 05.10.2026, passed in WP(C) No.2747/2026 & other connected writ petitions.

8. Accordingly, these batch of writ petitions stands disposed of in terms of the aforesaid determination, more particular, in terms of the above quoted paragraphs.

JUDGE Comparing Assistant