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Judgment
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in particular respondent no. 4 in sending to the petitioner the impugned rejection order of the bid through a mail dt.22-6-2026 and disqualifying the bid of the petitioner no.1 on the ground of non submission of a valid dealership agreement with the HPCL and thereby not permitting the petitioner no.1 agency to lift the cylinders stock from the Respondent no. 4 filling plant or elsewhere to its agency at chittoor through its own trucks, from 1-7-2026 as illegal, arbitrary and unconstitutional and in violation of the interim order dt. 13-10-2015 passed in WP No.34319/2015 and also in violation of the principles of natural justice and consequently set aside the impugned rejection order sent to the petitioner no.1 agency through mail dt. 22-6-2026 and further direct the respondents in particular respondent no. 4 to permit the petitioner no.1 to lift its own stocks of cylinders till the disposal of the WP No. 34319/2015 in the trucks of the petitioner no.1 only as is being done since the date of the interim order in WP No. 34319/2015 dt 13-10-2015 and pass Prayer amended as per Courts Order Dt. 05.08.2026 in
IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pending disposal of the writ petition this honourable court may be pleased to direct the respondents in particular respondent no. 4 to permit the petitioner no.1 to lift its own stocks of cylinders till the disposal of the WP No. 34319/2015 in the trucks of the petitioner no.1 agency only as is being done since the date of the interim order in WP No. 34319/2015 dt 13-10-2015 by entering into an agreement with the petitioner no. 1 agency regards the transport agreement further by suspending the impugned rejection order which is sent through mail to the petitioner no.1 agency by the Respondent no. 4 on 22-6-2026 and pass Prayer amended as per Courts Order Dt. 05.08.2026 in I.A.No.2 of 2026
IA NO: 2 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to kindly permit the petitioners to carry out the proposed amendments in this WP No. 18107/2026 as follows:. Proposed amendment no.1 Please add para no. 13-A after para no. 13 as follows:-
I submit that the rejection order came to us through an email on 22-6-2026 from the company and the same was communicated on 22-6-2026 only by the company and had they rejected at an earliest point of time I would have questioned the said rejection then and there only and would not have waited even a single day." And the mail given by the company only says that as there is no valid dealership agreement between petitioners and the HPCL so the petitioner no.1 cannot be considered as qualified for the subject Eol. The said mail does not say anything except as stated above. There is violation of principles of natural justice on the part of the company on this aspect. proposed amendment no. 2 is as follows Main praver: " It is, therefore, prayed that this Honble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent's in particular respondent no. 4 in sending to the petitioner the impugned rejection order of the bid through a mail dt.22-6-2026 and disqualifying the bid of the petitioner no.1 on the ground of non submission of a valid dealership agreement with the HPCL and thereby not permitting the petitioner no.1 agency to lift the cylinders stock from the Respondent no. 4 filling plant or elsewhere to its agency at chittoor through its own trucks, from 1-7-2026 as illegal, arbitrary and unconstitutional and in violation of the interim order dt. 13-10-2015 passed in WP No.34319/2015 and also in violation of the principles of natural justice and consequently set aside the impugned rejection order sent to the petitioner no.1 agency through mail dt. 22-6- 2026 and further direct the respondents in particular respondent no. 4 to permit the petitioner no.1 to lift its own stocks of cylinders till the disposal of the WP No. 34319/2015 in the trucks of the petitioner no.1 only as is being done since the date of the interim order in WP No. 34319/2015 dt 13-10- 2015 and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Proposed amendment no. 3 interim prayer:
"Pending disposal of the writ petition this honourable court may be pleased to direct the respondents in particular respondent no. 4 to permit the petitioner no.1 to lift its own stocks of cylinders till the disposal of the WP No. 34319/2015 in the trucks of the petitioner no.1 agency only as is being done since the date of the interim order in WP No. 34319/2015 dt 13-10-2015 by entering into an agreement with the petitioner no. 1 agency regards the transport agreement further by suspending the impugned rejection order which is sent through mail to the petitioner no.1 agency by the Respondent no. 4 on 22.06.2026 and pass
IA NO: 3 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners to withdraw the above W.P.No.18107/2026 with liberty and to pass
I.A.NO.3 OF 2026 IN/AND WRIT PETITION NO: 18107/2026
COMMON ORDER:
Sri S.S.Bhatt, learned counsel for the petitioners by filing I.A.No.3 of 2026 sought permission of this Court to withdraw the present writ petition with liberty to avail other remedies.
Permission is accorded.
Accordingly, I.A.No.3 of 2026 is allowed. Consequently, the Writ Petition is dismissed as withdrawn with liberty to avail other remedies. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed.
