I B ENTERPRISE Vs. CESC LTD

JUDGEMENT

(1.) THIS mandamus-appeal is at the instance of an unsuccessful writ-petitioner and is directed against the order dated June 28, 2007 passed by a learned Single Judge of this court by which His Lordship dismissed the writ-application filed by the appellant on the ground that the same was not maintainable.

(2.) IN the writ application, the writ-petitioner, a bidder participating in the process of tender issued by the CESC Ltd. , a licensee under the Electricity Act, 2003, challenged the same on the ground of alleged irregularity and consequent violation of the Art. 14 of the Constitution of India. In the writ-application, the appellant further prayed for direction upon the CESC Ltd. to consider the offer of the appellant as mentioned in annexure P-5 and P-9 of the writ-application. The appellant has prayed for injunction restraining the respondents from giving any effect or further effect or acting in terms of or in furtherance to any decision taken by them in connection with the award of the order for the sale and disposal of the used plant and equipment at Mulajore site to any third party which was the subject-matter of auction.

(3.) A preliminary objection was taken by the CESC Ltd. contending that for the purpose of conducting the sale or the disposal of the used plant for which the tender was issued, the CESC cannot be said to be a "state" within the meaning of Art. 12 of the constitution of India and therefore, the writ application challenging the alleged irregularity in the process of tender was not maintainable under Art. 226 of the Constitution of India. The learned Single Judge on consideration of the materials on record accepted the preliminary objection taken by the CESC authority and, thus, dismissed the writ-application.