M.Katju, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner has prayed for a mandamus directing the respondents to issue tender document to the petitioner and not to finalise the tender in question till the tender of the petitioner is also considered.
(3.) The petitioner is a company registered under the Companies Act. The main object of the Company is catering and hotel business. The respondent Indian Oil Corporation issued advertisement in the news paper Amar Ujala dated 22.7.2002, inviting tenders, for running a snacks canteen in Mathura Refinery. True copy of the advertisement is Annexure-1 to the writ petition. The petitioner obtained the relevant information in this connection from the web site. True copy of the web site information is Annexures-2 and 3. It is alleged in para 7 of the writ petition that the petitioner fulfils the requisite requirements, and hence it applied for issuing tender documents form on 31.7.2002. Along with the application, the petitioner also sent a banker cheque towards tender document fee vide Annexures-4 and 5. The petitioner also supplied certificates issued by the respondents for work executed by the petitioner vide Annexures-6 and 7. The petitioner also supplied minutes of its meeting and balance sheet vide Annexure-8. It is alleged in para 12 of the petition that the petitioner is operating the canteen on contract basis since 1994 and there has never been any complaint regarding its work. The petitioner made a representation on 7.8.2002 to the respondent No. 2 for supply of tender document as it had completed all the requirement of the tender. True copy of the representations are Annexures-11 to 14. It is alleged that non-supply of tender document on the part of the respondents is illegal and arbitrary and violative of Articles 14 and 19 (1) (g) of the Constitution.;