TENUGHAT VIDYUT NIGAM LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Prayer of the petitioner in this writ application are as follows :--

(2.) Facts which are necessary for decision in the present application are that the State of Bihar by resolution dated 10th of September, 1987 (Annexure-2) resolved to establish Tenughat Vidyut Nigam under the provisions of the Indian Companies Act and the Electricity (Supply) Act, 1948. The resolution stated that as soon as the Memorandum and Article of Association of the Tenughat Vidyut Nigam Ltd. are registered with the Registrar of the Companies, it shall start functioning. Tenughat Vidyut Nigam Ltd. was incorporated as a Company by the Registrar of the Companies and a certificate to that effect dated 26.11.1987 (Annexure-1) was granted to it. The registered office of the Tenughat Vidyut Nigam Ltd. (hereinafter referred to as TVNL) is at Patna. According to the Memorandum of Association the main object of the TVNL is construction, generation and maintenance of Thermal Power Stations and Projects and to sell the power so generated to Bihar State Electricity Board. The registered office of the TVNL is at Patna and its generating plant is at Lalpania within the State of Jharkhand. Petitioner before this Court is the TVNL having its registered office at Patna. The Parliament enacted the Bihar Re-organisation Act, 2000, providing for re-organisation of the State of Bihar and it provided for formation of a new State of Jharkhand comprising the territory earlier included in the State of Bihar. After coming into force of the Bihar Re-organisation Act (hereinafter referred to as the Act), the State of Jharkhand by the impugned order dated 27.2.2001 (Annexure-4) acquired the TVNL as its undertaking and also made amendment in its Memorandum and Article of Association and declared that the expression "Bihar" and "Bihar Rajya" be read as "Jharkhand" and "Jharkhand Rajya" respectively. Further by the impugned order dated 24.5.2001 (Annexure-5) the State of Jharkhand constituted Board of Directors of the TVNL which has been arrayed as TVNL, Ranchi. The Board of Directors of the TVNL constituted by the Government of Jharkhand having its office at Ranchi issued press communique dated 18.8.2001 to the effect that the head office of the TVNL has been shifted from Patna to Ranchi, the account of Patna has been closed and any one dealing with TVNL, Patna would do so at its own risk.

(3.) Aggrieved by the actions of. the Government of Jharkhand, Government of Bihar by its letters dated 19.7.2001, 18.9.2001 and 16.10.2001 addressed to the Government of India requested for annulling the orders of the Government of Jharkhand. It seems that in the light of the request made, the Government of India in the Ministry of Home Affairs convened a meeting and both the State Governments were asked to submit report with specific reference to Section 46(1), 60 and 63 of the Act. The Government of Jharkhand submitted its report dated 3.5.2002 and 13.5.2002 and asserted that it had rightly taken over the TVNL The Government of India convened a meeting to decide the fate of the TVNL fixing 14.6.2002 as the date of the meeting and asked the Government of Bihar to submit its comment and attend the meeting. The meeting was ultimately held on 17.6.2002 and the Government of Bihar was asked to submit its comment by 21.6.2002 which it did and filed its comment on 19.6.2002. The Government of India in the Ministry of Power by the impugned order dated 31.10.2002 (Annexure-6) passed an order that TVNL is a State undertaking and its assets and liabilities have passed on to the State of Jharkhand with effect from the date of such taking over by the Government of Jharkhand under Section 47 of the Act. The TVNL Ranchi by letter dated 14.11.2002 wrote to the Chairman of the Bihar State Electricity Board to hand over all the documents and assets of TVNL, Patna to it.