P. VISHWANATHA SHETTY, J.

( 1 ) THE petitioner, in this petition is a private limited company, registered under the provisions of the Companies Act, 1956, and having its registered office at Bombay. It is the case of the petitioner that it is the largest coal importers, suppliers and handling agents undertaking about 1. 5 million tons of coal annually by road, rail and road-cum-sea route; and it is the pioneer in the movement of coastal coal from Paradip Port to Gujarat and other ports situated on the western coast of India on their own chartered vessels.

( 2 ) THE 1st respondent is the Karnataka Power Corporation Limited (hereinafter referred to as the 'corporation') which is an instrumentality of the State of Karnataka, and respondents 3 and 4 are the officials of the lst respondent Corporation.

( 3 ) THE petitioner in this petition has challenged the validity of sub-clauses (a) and (b) of clause 4 of the Tender Notification No. A1 MI B3/ii/ RSR December, 1995, issued by the 1st respondent, pursuant to the invitation to Tender, issued by it by means of paper publication dated 24th December, 1995; and also has prayed for a direction to respondents 1 and 2 to cancel the said Tender

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