OMEGA ADVERTISING AGENCY Vs. THE STATE ELECTRICITY BOARD AND ORS.

JUDGEMENT

(1.) M /s. Omega Advertising Agency, a proprietorial concern, through its sole proprietor Shri Shankar Rajkhowa in this writ petition impugns two orders of the Assam State Electricity Board dated 30 -10 -1980 splitting its classified advertisements between the petitioner and the respondent No. 3 and appointing the latter for handling those for offices and projects in Zones other than Lower Assam Zone.

(2.) THE Assam State Electricity Board (Shortly ASEB) issued a notice in the Assam Tribune on 20 -9 -1980 (Annexure -B) as follows:

(3.) THE petitioner thereafter submitted a representation (Annexure -H) pointing out that in the notice inviting offers there was no clause for splitting the classified advertisements and that M/s. Frontier Advertising Agency (Respondent No. 3) did not have the requisite qualifications under clauses (c) and (d) of the said notice and those points had been overlooked. Even so, the petitioners informed that they were prepared to sign the agreement and comply with all other requirements without prejudice to their right of handling the classified advertisements in all other Zones of the ASEB. The petitioner also requested the ASEB not to issue any work order to Respondent No. 3 as their appointment was in contravention of the conditions of appointment laid down in the notice inviting offers, and their appointment was arbitrary and illegal. The petitioner though received no reply to its aforesaid representation, has in the meantime executed the agreement and has been handling split up advertisements as per the impugned orders dated 30 -10 -1980 and on 3 -11 -1980 deposited a sum of Rs. 50,000/ - as fixed deposit with the United Bank of India, Silpukhuri Branch, as security deposit in favour of the ASEB and claims right to have the entire advertisement. Hence this petition.