Manipur High Court
All Manipur Bulk Lpg Transporters … vs Indian Oil Corporation Ltd. And 4 Ors on 21 August, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
OINAM Digitally
signed by IN THE HIGH COURT OF MANIPUR
Item No. 1 & 2
THOIB THOIBA MEITEI
OINAM
AT IMPHAL
A Date:
2025.08.21 W.P. (C) No. 426 of 2025 with
16:45:10
MEITEI +05'30' MC(W.P. (C)) No. 413 of 2025
All Manipur Bulk LPG Transporters Association and
Anr.
... Petitioners
- Versus -
Indian Oil Corporation Ltd. and 4 Ors.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
21.08.2025
[1] Present Mr. HS Paonam, learned sr. counsel assisted by Mr. A.
Arunkumar, learned counsel for the petitioners; Mr. L. Shashibhushan, learned
sr. counsel assisted by Ms. L. Liya, learned counsel for the IOC; Ms. I. Sharmila,
learned jr. GA & Mr. A. Bheigya, learned jr. GA on behalf of the State respondent
no. 2; Mr. N. Ibotombi, learned sr. counsel assisted by Ms. Jinita, learned counsel
for the respondent nos. 6 to 10; Mr. M. Hemchandra, learned sr. counsel assisted
by Ms. Rinika M, learned counsel for the respondent nos. 11 to 14 and Mr. N.
Jotendro, learned sr. counsel assisted by Md. Syed Murtaza Ahmed, learned
counsel for the respondent nos. 15 & 16.
[2] By the present writ petition, the petitioners herein challenged the
NIT tender dated 08.03.2025 issued by IOC for bulk transportation of LPG for
the State of Manipur. The earlier batch of writ petitions filed by the petitioners
was disposed of on the understanding number of TT increase to 350. Thereafter,
the petitioners approached again by the present writ petition on the grounds that
the number of TT was not adequate and secondly, IOC has given an undertaking
in a batch of writ petitions before the Gauhati High Court that in Manipur NIT,
TT of 12.5 MT will be given preference.
[3] In the circumstances, this Court made a proposal vide order dated
28.07.2025 on considering the submissions made by the petitioners as well as
after perusal the undertaking given by the IOC before the Gauhati High Court for
giving preference to the TT of 12.5 MT. This Court suggested that apart from
the 10% kept for 14.1 MT TT as provided in the NIT, this Court proposed to give
minimum 10% quota for TTs falling to 7 MT & 8.5 MT and the remaining 70%,
IOC will be liberty to allocate as per allocation matrix and base amount. The
order dated 28.07.2025 passed by this Court is reproduced herein below:
“28-07-2025 Present Mr. H.S. Paonam, learned senior counsel
assisted by Mr. A. Arunkumar, learned counsel for the petitioners; Mr. L.
Shashibhushan, learned senior counsel assisted by Ms. L. Liya, learned counsel
for IOC; Mr. A. Bheigya Meitei, learned junior Government counsel for the
State respondents; and Mr. N. Ibotombi, learned senior counsel assisted by Ms.
Y. Jinita, learned counsel, Mr. N. Jotendro, learned senior counsel assisted by
Md. Syed Murtaza Ahmed, learned counsel and Mr. M. Rendy, learned counsel
for the applicants.
This is the second round of litigation with respect to NIT dated 08-03-
2025 and various corrigenda. In the order dated 03-06-2025, this Court
recorded the submissions of learned senior counsel appearing for the parties
that in a batch of writ petitions before the Gauhati High Court, the IOC had
taken steps that in Manipur TT of 12.5 MT will be given preference. Vide
various orders dated 03-06-2025 and 19-06-2025, this Court directed Page 2
of 2 the learned senior counsel for IOC to clarify the undertaking given before
the Gauhati High Court about giving preference to 12.5 MT TT. Pursuant to
this, the IOC have filed additional affidavits. However, actual explanation is
not recorded in the affidavit except for saying that all TTs having capacity of 7
MT, 8.5 MT and 12.5 MT will be given equal representation as per their
allocation and the final selection will be based on allocation and economic
viability in the IOC. Thereafter, applications are also filed by various bidders
in the NIT for impleadment.
During the course of hearing, Mr. L. Shashibhushan, learned senior
counsel for IOC, has also categorically submitted that TTs of 7 MT and 8.5 MT
will be accommodated in the bidding process as per allocation. In the
circumstances, this Court proposes to dispose of the present writ petition and
applications with the following directions:-
(i). As done in the case of TT of 14.1 MT giving a maximum cap of
10%, it will do justice to all the bidders of various categories if a
minimum 10% be reserved each for TTs of 7 MT and 8.5 MT. In
the remaining 70%, the IOC is at liberty to allocate as per
allocation matrix and considering the economy viability.
At this stage, Mr. L. Shashibhushan, learned senior counsel for IOC,
submits that he may be given two days’ time to seek instructions with the
proposal made by this Court.
List these cases on 31-07-2025.
Furnish a copy of this order to the learned counsel appearing for the
parties in the course of the day by Whatsapp.”
[4] The learned sr. counsel for the IOC has filed an additional affidavit
dated 18.08.2025 agreeable to the proposal made by this Court in order dated
28.07.2025 with subject to the conditions that any allocations to the 7 MT TT &
8.5 MT TT under the 10% reservation proposed by this Court shall be subject to
the adjustment against the 47.5% (15% for SC, 7.5% for ST & 25% for MSE) as
horizontal reservation and the relevant portion of the additional affidavit is
reproduced herein below:
“2. That, the answering Respondents are ready and willing to agree to the
proposal of this court for a minimum reservation of 10% each for TTs of 7 MT
and 8.5 MT out of the total requirement of 350 number of TTs equivalent to 7
MT category in the NIT for bulk transportation of LPG by road for the State of
Manipur enclosed as Annexure A/16 to the petition subject to the condition that
the number of trucks belonging to SC/ST/MSME bidders of 7 MT TTs and 8.5
MT TTs selected under the aforesaid 10% reservation proposed by the court
shall be considered for calculating the overall reservation of 47.5% (15% SC,
7.5 ST and 25% MSE) under the SC/ST/MSME and that the said acceptance of
the proposal shall not be taken as a precedent in other cases.”
[5] During the course of hearing, the learned counsel for the parties
fairly submit that the writ petition may be disposed of on the basis of the proposal
made by this Court in order dated 28.07.2025 and the additional affidavit dated
18.08.2025 filed by the IOC.
[6] Accordingly, the present writ petition is disposed of with the
following conditions:
I. Minimum 10% quota is earmarked for 7.5 MT TT and
minimum 10% quota is earmarked for 8.5 MT TT each.
II. If sufficient number of TTs under 7 MT and 8.5 MT are not
available for the 10% allocated to them and it can be
adjusted amongst themselves (i.e. with 20%).
III. As per NIT, already 10% kept as earmark for 14.1 MT TT
and in the remaining 70% IOC has the liberty to allocate as
per allocation matrix.
IV. It is made clear that any allocation made to the 10% each
to the 7 MT TT & 8.5 MT TT (by Court order) and 10% is for
14.1 MT TT by NIT shall be adjusted against the 47.5%
reservation for (15% SC, 7.5% ST & 25% MSE).
[7] With these observations, the W.P. (C) No. 426 of 2025 and
MC(W.P. (C)) No. 413 of 2025 are disposed of.
[8] It is made clear that this Court doesn’t express any opinion on
the merit of the case.
[9] The above directions are arrived on the mutual understanding
agreed by the parties during the course of the hearing and on the basis of the
additional affidavit filed by the IOC in pursuance of this Court order dated
28.07.2025.
[10] It is clarified that this matter should not be a precedent for the
future and it is passed in the peculiar facts of the present case.
[11] Earlier interim order is merged with the final order.
JUDGE
Thoiba