IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10674 of 2011
M/S Essar Power Limited
Versus
The Bihar State Electricity Board & ors
-----------
For the petitioner : Mr. Y.V.Giri, Senior Advocate
Mr. Chitaranjan Sinha, Senior Advocate with
M/s Kumar Manish, Nitin Kala & Amit
Prakash, Advocates.
For the Board : Mr. Anand Kumar Ojha, Advocate.
—–
02/ 06.07.2011 Heard learned counsel for the petitioner and learned
counsel for the respondent.
2. This writ petition has been filed by the petitioner for
challenging corrigendum no. VII dated 22.06.2011 issued by the
respondent and for directing the respondent to issue letter of intent
for PESU Area (Patna) and Muzaffarpur Town (Urban Division)
based on the bid submitted on 20.06.2011.
3. From the facts and circumstances of this case, it is
quite apparent that tender notice was issued on 31.01.2011 inviting
bids from interested bidders to participate in the bidding process
for the selection of Distribution Franchisee for PESU Area,
Muzaffarpur Town, Bhagalpur and Gaya Urban Divisions on the
basis of competitive bidding on Input based model for Distribution
of Electricity along with Meter Reading, Billing, Collection,
Operation & Maintenance etc. It transpires that several
corrigendums to the said notice were issued by the respondents, the
3rd being dated 23.02.2011, 4th being dated 11.04.2011 and the 5th
being dated 27.04.2011.
4. In the meantime, one of interested persons filed
-2-
CWJC No.7205 of 2011 and CWJC no.7227 of 2011 challenging
the orders of the respondent-authority. A bench of this court vide
order dated 25.04.2011 stayed the operation of Annexure-9 and
directed the Bihar State Electricity Board not to take further steps
for opening the tenders which have been submitted afresh in
respect of the new request for proposal contained in Annexure-12.
Against the said order L.P.A.No.839 of 2011 and LPA No.840 of
2011 were filed by the Bihar State Electricity Board & others
which were disposed of by a Division Bench of this court vide
order dated 18.05.2011 requesting the writ court to hear the
aforesaid writ petitions for admission on priority basis instead of in
regular course. However, the aforesaid interim order passed in the
writ cases were modified to the extent that the Board was directed
to take further steps like opening of the tenders submitted pursuant
to annexure-12, but no final settlement was to be made in favour of
any party until further order which may be passed by the writ
court.
5. It transpires that after the disposal of the aforesaid
appeals corrigendum no. VI was issued by the respondents on
25.05.2011 on the basis of which the petitioner of this writ petition
submitted its bid for Patna (PESU Area), Muzaffarpur town
(Urban Division) only. He was the sole bidder and according to
order dated 18.05.2011 his tender was to be opened. However, in
the meantime, corrigendum no.VII dated 22.06.2011 was issued by
the respondent extending the date for submission of bids and
-3-
opening of technical proposal fixing it on 07.07.2011. Against the
said last corrigendum no. VII the instant writ petition has been
filed.
6. In the said circumstances, let this writ petition be
placed for hearing in admission matter along with CWJC No. 7205
of 2011 and CWJC No. 7227 of 2011 wherever latter are listed.
7. In the meantime, the Board may take steps accepting
the bid and opening the tenders of all the bidders submitted
pursuant to corrigendum no.VII (Annexure-1), but no final
settlement shall be made in favour of any party until further orders
which may be passed in the aforesaid writ cases. The Board shall
issue no more corrigendum till further orders.
8. Let all the aforesaid writ petitions be listed together
for hearing in admission matter on Friday (08.07.2011) at 2.15
P.M.
(S. N. Hussain, J.)
Sunil