BIKRAM MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claiming himself to be a public spirited person has filed this Writ Application with the following prayer: It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit this Writ Petition and to issue a Rule NISI to show cause as to :

(2.) MR . S.S. Das, Learned Counsel for the petitioner submits that the Indian Oil Corporation Ltd. being an undertaking of the Government of India, has decided to establish an Oil Refinary Project, at Paradeep and on 29.7.1999 it called for tenders for construction of Chain -link -fencing around its land/Paradeep Refinary Project at the estimated cost above Rs. 4.79 crores. The said work was entrusted to the successful tenderer who constructed the Chain -link -fencing, but the Corporation did not take effective steps to protect the said fencing for which the anti -socials and mischief mongers committed theft of portions of the said fence consisting of iron angles etc. He further submits that the Corporation without taking steps to save public property, again issued a tender call notice on 17.5.2004 for execution of the balance Chain -link -fencing work at the estimated cost of Rs. 3,10 lakhs and the said work has been settled in favour of M/s. Deepak Construction of Kolkata. Mr. Das further submits that since there is a permanent R.C.C. compound wall around the Oil Refinary Project, there is no necessity of constructing Chain -link -fencing, but the Opp. Parties by their action are squandering away public money.

(3.) CONSIDERING the submissions made we find that the petitioner has absolutely no locus standi to call in question the action of the Indian Oil Corporation Ltd. in taking steps for construction of Chain -link -fencing nor any right of the petitioner has been infringed for which he can maintain the present Writ Application. The Writ Application, as laid down, cannot be considered as a Public Interest Litigation. Hence, we find no merit in this Writ Application, which is accordingly, dismissed.