ASHUTOSH AGENCIES Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the order of 18th April, 2003 by which the Court declined to interfere with the writ petition of Ashutosh Agencies v. Bharat Sanchar Nigam Ltd. and Ors.

(2.) The order which has been challenged itself records that there was an earlier writ petition C.W.J.C. No. 1400 of 2003 by which the petitioner was challenging the aspect that his tender, in effect, was not being accepted. The Court by an order of 1st March, 2003 noticing that the petitioner had made an essential change in the tender as was offered with regard to the site, directed the Chief General Manager to consider the petitioner's request whether change of site would be feasible and take a final decision on the representation so made by the petitioner.

(3.) The facts on which there is no issue are that for offering the franchise of mobile services, Bharat Sanchar Nigam Limited made an advertisement as a notice for inviting a tender. This notice was published in the newspaper published on 7th September, 2002 in the newspapers having circulation within Patna. The tender No. is DGM(IT)/Marketing (CMTS)/2002-03. The date of notice is 6th September, 2002. The advertisement announces that expression of interest is invited on behalf of Bharat Sanchar Nigam Limited from experienced/financially sound party for appointment as Dealer for post-paid services and Distributor for prepaid services of BSNL Cellular Mobile Telephone Service within the licensed service area of Bihar Telecom Circle on commission basis. In so far as the petitioner is concerned, it was making a bid for the revenue district Patna and Nalanda, particularly Patna Rural I. The Court is indicated that this was to be operative from Bihar Sharif.