- (1.) THE respondent Fagwali Sao filed a representation before the appellant -TISCO Limited with request to restore his electrical connection in the shop premises. Such connection having not been granted, he moved the House Rent Controller under the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 for restoration of electrical connection registered as H.R.C. Case No, 18/91. It was allowed by the House Rent Controller but was set aside by the revisional Court. In this background, Fagwali Sao preferred the with petition in question impleading TISCO as one of the parties. The said writ petition C.W.J.C. No. 2408 of 1999 (R) was allowed in favour of respondent. Fagwali Sao (Writ petitioner) vide impugned order dated 14.02.2000. The present LPA arises out of the aforesaid case.
(2.) THE only issue raised in this appeal is as to whether a writ petition under Article 226 of the Constitution of India is maintainable against TISCO Limited or not.
(3.) IT was informed that a Division Bench of this Court in the case of The Indian Steel and Wire Products Limited, reported in LXXVI ILR 501, held that the TISCO performing statutory duty under the Electricity Supply Act, 1948 is an authority under Article 226 of the Constitution of India and a State within the meaning of Article 12 of the Constitution of India. Against the said decision, TISCO Limited has moved before the Supreme Court in SLP (Civil) No. 9287 of 2000. The Supreme Court vide its order dated 11th September, 2000 while stayed the operation of the judgment under challenged, made clear that the respondent of the said appeal shall be billed on the basis of judgment rendered by the High Court who shall also pay the charges. As similar matter is pending before the Supreme Court, the present appeal and another LPA No. 496 of 1999 (R) were kept pending admission till the decision of the Supreme Court.;