- (1.) Heard Mr. S. Pal, learned senior counsel appearing for the petitioners, Mr. Ajit Kumar, learned senior counsel appearing on behalf of respondent no. 1 and 2 and Mr. Sumeet Gadodia, learned counsel appearing for the proforma respondent.
(2.) In this writ application, the petitioners had initially prayed for the following reliefs: a. "A declaration that the purported decision of JBVNL (as will be evident from its affidavit filed on 17th November, 2014 in LPA No. 247 of 2014 and its board meeting dated 5th August 2014) that there had been gross irregularities and loss of revenue to the tune of Rs. 15,000 crores in the appointment of the petitioners as the distribution franchisee for Ranchi Circle and the consequent threat held out is unfair, unreasonable, arbitrary, malafide, illegal and bad; b. A writ of and/or in the nature of Mandamus do issue directing the respondent authorities and their men, agents and subordinates to forthwith forebear from acting on the basis of the purported decision of JBVNL (as will be evident from its affidavit filed on 17th November, 2014 in LPA No. 247 of 2014 and its board meeting dated 5th August, 2014) that there had been gross irregularities and loss of revenue to the tune of Rs. 15,000 crores in the appointment of the petitioners as the distribution franchisee for Ranchi Circle; c. A writ of and/or in the nature of Mandamus do issue directing the respondent authorities and their men, agents and subordinates to (i) forthwith complete the conditions precedent prescribed in the DFA dated 5th December, 2012 and physically handover the existing site along with the distribution network for Ranchi Circle to the petitioners in accordance with the commitment made by the state respondents in public interest; (ii) forthwith complete the condition precedent regarding completion of audit of various parameters as represented in the RFP dated 30th April 2012 (as Modified) and DFA dated 5th December, 2012; (iii) forthwith complete the condition precedent regarding calibration of meters as contemplated under Article 2.1.4 of the DFA dated 5th December, 2012; and (iv) forthwith complete all other conditions precedent contemplated; d. A writ of and/or in the nature of Certiorari do issue directing the respondents to produce the records pertaining to the purported decision of JBVNL that there had been gross irregularities and loss of revenue to the tune of Rs. 15,000 crores in the appointment of the petitioners as the distribution franchisee for Ranchi Circle, so that conscionable justice may be done by quashing the same; e. Appropriate Writs and/or orders and/or direction do issue as would afford complete relief to the petitioners; f. Rule Nisi in terms of the prayers above; g. Stay of the purported decision of JBVNL (as will be evident from its affidavit filed on 17th November, 2014 in LPA No. 247 of 2014 and its board meeting dated 5th August 2014) that there had been gross irregularities and loss of revenue to the tune of Rs. 15,000 crores in the appointment of the petitioners as the distribution franchisee for Ranchi Circle; h. Direction upon the respondents and their men, agents and subordinates to complete the conditions precedent contemplated under the DFA dated 5th December, 2012 and physically handover the existing site along with the distribution network for Ranchi Circle to the petitioners; i. Restrain the respondents from taking any coercive action against the petitioners; j. Ad -interim orders in terms of the prayers (a) to (i) above; k. Such further or other order or orders be made and/or directions be given as this Hon'ble Court may deem fit and proper."
(3.) During the pendency of the writ application by virtue of letter dated 06.05.2015, the agreement entered into for distribution of power for Ranchi Circle between the Jharkhand State Electricity Board and Ranchi Power Distribution Company Pvt. Ltd. (Distribution Franchisee) and M/s. ESCL (confirming party) was terminated.;