IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14574 of 2011 Sri Kamal Kishore Prasad son Sri Naarain Sah, Proprietor M/s Kishore Electrical Company, resident of Mohalla- Gandhi Chowk, Police Station- Kotwali, District-Munger. ….petitioner. Versus 1. The Union of India. 2. The Munger, Punjab National Bank, Head Office-7, Bhikhaji Cama Place, Africa Avenue, New Delhi. 3. The Divisional Manager, Punjab National Bank, Division Office, Biharsharif, Nalanda. 4. The Manager, Punjab National Bank, at Bari Bazar, P.S. Kotwali, District-Munger. ……Respondents. ----------- For the petitioner : Mr. Abdul Mannan Khan, Advocate Mr. Md. Najmul Hoda, Advocate. Mr. Binay Kumar Bineet, Advocate. For the respondent-Bank: Mr. Kumar Priya Ranjan, Advocate. ------------ 03/ 18.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondent-Punjab National Bank and its authorities. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For issuance of a writ of mandamus or any other appropriate order or direction to the commanding the respondents authority to revise/ enhance the rate of electric/ energy charges on the basis of prevailing market rate i.e. from Rs.15500.00 to 3328.00 (ii) For issuance of an appropriate writ order or direction restraining the respondents from removing the petitioner from supplying the electricity through his generator set to the Punjab National Bank, Munger and engaging another operator in his place by backdoor method. (iii) Any other relief or reliefs may be granted in favour of the petitioner as your lordships may deem fit and proper. 3. The claim of the petitioner is that he is supplying - 2 - electricity from the generator set to Munger Branch of Punjab National Bank since 1983 on the basis of agreements and the Bank had been enhancing/raising the payment of energy charges as the cost of fuel was increasing. The grievance of the petitioner is that since 2005 no enhancement in the energy charges has been made inspite of repeated representation of the petitioner and inspite of the fact that cost of fuel has been increasing throughout. 4. On the other hand, learned counsel for the respondents submits that after 2006 there was no agreement between the parties with respect to the supply of energy and hence the petitioner has got no reason to raise any claim before the authority. He further states that notice dated 11.11.2011 (Annexure-B to the respondent’s reply to petitioner’s rejoinder) has been issued by the authorities of the Bank inviting tenders from persons interested in supplying electricity from soundless generator on the basis of monthly rent. Hence he submits that there is no question of any grievance of the petitioner in that regard. 5. Considering the entire facts and circumstances of this case, it becomes quite apparent that although there was no agreement between the parties after 2006, but admittedly the respondent was utilizing the electricity supplied by the petitioner for more than five years without any break. It further transpires that the tender notice dated 11.11.2011 (Annexure-B) does not mention any terms and conditions which may be beneficial for the Bank, but is bound to be a predicament for the tenderer. Since the amount of - 3 - tender is very low, it is not necessary to be published in the newspaper which could incur huge expenditure, but the notice with terms & conditions must be issued in the Notice Board at a prominent place in the Bank. 6. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the respondents to issue a fresh notice inviting tender as mentioned above along with terms & conditions of the said tender within three months. Petitioner will be at liberty to take part in the aforesaid tender and his candidature will not be affected due to this writ petition or the order passed therein and his tender, if filed, will be considered along with tenders of others in accordance with law. 7. However, if the said notice is not issued within the aforesaid time, the petitioner will approach the Senior Branch Manager of Punjab National Bank, Munger who shall pass an order enhancing/raising energy charges to the petitioner as it cannot be disputed that the cost of fuel has increased tremendously since 2006. Sunil (S. N. Hussain, J.