/ / HIGH COURT G CHHATTIS$ARH AT BILASPUR . DHRENDRA Ho . a cm w.P. [cjyo,4964 or 2009 DIVI$ION BENCH: PETITIONER Chhatfisgarh Vidyuf .Thckednf'; 5mg. (Regd. No.364 dc'rcd 08.04.2003)“ Office nf 61, Gujra‘ri Schao! Buiiding, K.K. Road, Raipur, Tah.& Dis‘n. Rnipur (CG) Vs RESPONDENTS Chief Secretary, éovernmem of: Chhnffisgarh, Secretariat- D.-K.S. Bhuwan, Raipur (C.6.) 2. Chairman, Board of Directors, The* Chhaf'risgarh . Sfa‘re Power Distribution Company ’ Limi‘fed (Regd. No.10-15822) C.$.E.B. Compiex, Dangania, Raipur 492013 Tah. 6t DIS'H. Raipur (C6) 3. Managing Direcior, The Chha'rfisgarh State a Power Distribution Company Limited, C.$.E.B. Complex, Dangania, Raipur 492013 Tah. 61 Distt. Raipur (C6) 4. The Chief Engineer, Operation and Maintenance, The Chhattisgarh State Power Distribution‘Company" Limited C.$.E.B. Complex, Dangania, Raipur 492013 Tah. d Distt. Raipur / (CG) Present: Mr. v.6. Tamaskar. Mr. Abhishek Sinha, Advocate : For respondent Nos.2‘”to 4 g-. . Sun of Chhaf'risgarh- Through For the petitioner. Mr. $.K. Mishra, Panel Lawyer For respondent‘NoJ O‘RD‘ER (Passed on 03,2. 1.2010) 1. The petitioner has filed this petition, and prayed, for fo llowing reliefs: ) Page2of3 ) i. That fhe Hon'ble Court b: ‘plgased to dcclnm Ann¢xure P-6 as ultra vires and quash fhg sam‘ by issuing appropriafe wri‘r or direcfian. ii. That, fhe Hon'bh Courf may be pleased 'ro mould tha relief as and when required. iii. .Thaf, 'l’ha Hon'ble Cour-1' be‘pleasgd 19 issue'any other wrif or writs order or orders diraction or diractions deemed fit in the interest of'justice. 2. Earlier writ petition bearing W.P‘. (c) No.4493/09 filed by the petitioner for quashing of notice inviting_tender (Annexure P-Z), in the instant petition .Annexure,Pr,6, was dismissed by this Court vide order ,of Annexure P-7 dated 20.8.2009. 3. By the instantpetition the petitioner has challenged the same notice inviting tender of Annexure P-6 on the ground that respondent No.4 has issued the notice inviting tender without any resolution of the Board of Directors of the company and as such ultra vires. 4. On the other hand, respondent Nos.2 to 4 in their reply > have categorically stated that the’predecessors of the respondent Nos.2 to 4 vide its resolution dated 17.11.2006, pursuant to the’ directive instructions of the State Government, had resolved to reserve 20% of the sub;- stations for unemployed diploma/degree holder engineers and’ terms of the instant notice inviting tender were approved in the resolution of the Board of Directors vide Annexure R-1. The Board'of Directors of the Chhattisgarh State Power Distribution Company Ltd. vide its resolution of Annexure R-Z dated 19.1.2009 adopted all the circulars, orders, notifications, rules, regulations, guidelines ”and / Page3of3 f procgdure of fhe erstwhile, Chhaj'fisggrhwsmn Elcc'rricify Boardrprevciling as on 31.12.2008. 5. In vicw of the counfer qffidavH/repiy of the respcndents No.2 To 4, na fresh ground, as canvassed by $hri v.6. Tamaskcr, learned counsel for fhe petitioner, is available to the pefifioner and The insfon'r pefi‘rion is dismissed in fhe iigh'r of earlier order dated 20.8.2009 (Annexure P-7), passed in W.P. (c) No.4493/09. 6. No order as To cos‘is. Sd/- ”‘ Sd/- RN. cHANDRAKAR. ' .Judge 't Roshanl- em , ,7 W, ,x