ABDUL NAZEER, J

1. In this case, the petitioner has questioned the validity of the decision/resolution passed by the Board of Directors of the BESCOM in its meeting held on 28.8.2010 in subject No.43/2006 in so far as it relates to award of the contract against enquiry No.BCP-396/2008-09 (Tender Notification – Annexure ‘A’) dated 1.4.2008 pertaining to Single Phase 5-30 Amps Class 1 State energy meter in favour of the third respondent and for quashing the order passed by the 4th respondent dated 27.102010 (Annexure ‘R’) in appeal No.EN.198.EEB.2010. The petitioner has further sought for a mandamus or such other appropriate writ or order directing the first respondent not to accept the bid/tender submitted by the third respondent in pursuance of the tender Notification at Annexure ‘A’ and to consider the bid of the petitioner and other bidders, who have qualified in the techno commercial bid and in the price bid in accordance with law.

2. The petitioner has been carrying on the business of manufacture and sale of Energy Meters. The first respondent floated tender bearing No. BESCOM/GME(P)/BCP-396/2008-09 dated 1.4.2009 inviting sealed bids from eligible bidders for sale of