RANCHI POWER DISTRIBUTION COMPANY LIMITED AND ANOTHER Vs. JHARKHAND BIJLI VITARAN NIGAM LIMITED AND OTHERS

JUDGEMENT

(1.) I.A. Nos. 3538 and 3510 of 2014 Heard learned counsel appearing for the applicant- Jharkhand Rajja Abhiyanta Padadhikari Samanway Samity and the applicant- Vidyut Diploma Abhiyanta Sangh and also learned counsel appearing for the State as well as learned counsel appearing for the Jharkhand Bijli Vitran Nigam Limited.

(2.) Before adverting to the submission advanced on behalf of the parties, background of the case becomes necessary to be noticed. After the decision was taken for unbundling of the erstwhile Jharkhand State Electricity Board, the Board issued notice inviting tender for appointment of distribution franchisee for Ranchi, Jamshedpur and Dhanbad. Pursuant to that, Direct Media Distribution Ventures Pvt. Ltd., Tata Power Supply Limited as well as Calcutta Electric Supply Corporation (CESC) submitted their bid papers. In the process of finalisation of the matter relating to the aforesaid tender, Direct Media Distribution Ventures Pvt. Ltd was found to be non-responsive whereas other two aforesaid concerns were found to be responsive and thereby Tata Power Supply Limited entered into an agreement with the JSEB for distributing electricity in the area of Jamshedpur whereas CESC entered into an agreement for distributing electricity in the area of Ranchi.

(3.) Being aggrieved with the decision taken by the authority of JSEB, Direct Media Distribution Ventures Pvt. Ltd. and others filed a writ application bearing W.P.(C) No.5524 o 2012 challenging the decision of the authority to be mala fide. In the writ application, Tata Power Supply Limited as well as CESC were impleaded as respondents. In course of time, the Government having taken decision to cancel the tender referred the matter before the Board (now Jharkhand Biji Vitran Nigam Limited) for taking decision in the matter. Apprehending that the Jharkhand Bijli Vitran Nigam Limited would be taking decision in consequence of the decision taken by the State Government, one interlocutory application was filed by the Tata Power Supply Limited to the said writ application bearing W.P.(C) No.5524 of 2012 filed by the Direct Media Distribution Venture Pvt. Ltd. to restrain Bijli Vitran Nigam Limited from taking decision of annulling the earlier decision. However, that interlocutory application was rejected.