STATE OF MADHYA PRADESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The State of Madhya Pradesh had instituted the present proceeding i.e. Original Suit No. 6 of 2004 seeking following reliefs:

(2.) As the said question i.e. of maintainability of an Original Suit in view of the earlier decision in a writ proceeding was pending before the Constitution Bench in Original Suit No. 3 of 2006 (State of Tamil Nadu v. State of Kerala and Anr.), the proceedings in this case were deferred by Order dated 12th February, 2013, to await the judgment of the Constitution Bench. The Constitution Bench judgment has been now pronounced on 7th May, 2014, which is [Original Suit No. 3 of 2006 - State of Tamil Nadu v. State of Kerala and Anr., 2014 6 Scale 380].

(3.) Before we proceed to consider the preliminary objection raised on behalf of the 2nd Defendant and the arguments advanced in this regard by the learned Counsel for the parties, it will be necessary to notice the prayers made in Writ Petition (Civil) No. 675 of 2004 filed by the M.P. State Electricity Board. The same have been set out in the reported decision in M.P. State Electricity Board , which is to the following effect: