RELIANCE COMMUNICATIONS LIMITED Vs. STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, BAILEY ROAD, PATNA

JUDGEMENT

(1.) As the issue involved in these writ applications is identical, they are being disposed of by this common judgment. For convenience, the facts mentioned in C.W.J.C. No.14884 of 2016 are taken into consideration by this Court.

(2.) In these cases, the petitioner is challenging the order dated 30.06.2016 passed by the Micro, Small and Medium Facilitation Council, Patna (hereinafter referred to as "Facilitation Council"), thereby the petitioner has been directed to make payment of Rs.4,85,26,676/- with interest and for issuance of a writ in the nature of prohibition, restraining the Facilitation Council from passing any further orders in the said matter.

(3.) The petitioner is a Company incorporated under the Companies Act, 1956, providing telecommunication services in various States in India to its subscribers under U.A.S.L. licence issued by the Department of Telecommunications, Government of India. From time to time, it used to engage contractors by issuing Work Orders for creation of the infrastructure. The petitionerCompany has issued numerous Work Orders in favour of The Best Towers Private limited (hereinafter referred to as "the Tower Company"), respondent No.4 for carrying out the fabrication and construction work for tower and ancillary work of creation of infrastructure for mobile service. The petitioner-Company awarded the work each time by issuing the Work Order, stipulating method of payment and final payment would be made after completion of the Work Order. The Tower Company from time to time placed the demand bill and the petitioner-Company used to make payment.