- (1.) The Court:- The petitioner in this WP under art.226 dated December 7, 2011 is seeking the following principal relief: "b)A Writ in the nature of Mandamus do issue commanding the respondents particularly respondent No.3 to forthwith release the fund to the respondent No.5 as per Memo. No.A- 66/FUND & DRAWAL/2010-11 dated 08.03.2011 for payment of the bills of the petitioner:"
(2.) The petitioner participated in a tender process initiated by Bharat Sanchar Nigam Limited (in short BSNL) for supply of electrical and electronic telecom gadgets. As the successful bidder he got the work. He raised bills from time to time. Though certain bills were paid, nine bills remained unpaid.
(3.) Relying on the decisions in Zonal Manager Central Bank of India v. Devi Ispat Limited & Ors., 2010 11 SCC 186 and M/s. Central Coalfields Ltd. v. Ajay Transport Company & Ors., 2010 AIR(Jhar) 19, Mr Banerjee appearing for the petitioner has strenuously argued that since the distinction between the public law and the private law has now disappeared, the petitioner is entitled to a mandamus directing BSNL to pay his admitted bills.;