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2013 Supreme(Pat) 990

NAVIN SINHA, VIKASH JAIN
Bihar State Power – Appellant
Versus
Gke-Sseljv, A Joint Venture Between Gke Projects Ltd. – Respondent


Advocates:
For the Appellants : M/s Lalit Kishore, Anand Kumar Ojha.
For the Respondents: Mr. S.D.Sanjay.
(In LPA No.808 of 2013)
For the Appellants : M/s Lalit Kishore, Anand Kumar Ojha.
For the Respondents: M/s S.A.Narain, Prabhat Ranjan Singh.
(In LPA No.827 of 2013)
For the Appellants : M/s Lalit Kishore, Anand Kumar Ojha.
For the Respondents: Mr. Prabhat Ranjan Singh.
(In LPA No.829 of 2013)
For the Appellants : Mr. S.D.Sanjay.
For the Respondents: M/s Lalit Kishore, Anand Kumar Ojha.
(In LPA No.861 of 2013)
For the Appellants : M/s Lalit Kishore, Anand Kumar Ojha.
For the Respondents: Mr. Prabhat Ranjan Singh.
(In LPA No.870 of 2013)
For the Appellants : M/s Lalit Kishore, Anand Kumar Ojha.
For the Respondents: M/s S. A. Narain, Prabhat Ranjan Singh.
(In LPA No.855 of 2013)
For the Appellants : M/s Chitranjan Sinha, Arun Kumar.
For the Respondents: M/s Anand Kumar Ojha, S. D. Sanjay.
For REC : Mr. Prashant Pratap (in all).

ORDER

VIKASH JAIN, J.:–I agree.The Bihar State Power (Holding) Co. Ltd.( hereinafter referred to as ‘the Power Company’) published a tender notice on 10.7.2012 for Rural Electrification Works under the Rajeev Gandhi Gramin Vidyut Karan Yojna (hereinafter referred to as ‘RGGVY’) in 11 Districts of the State under the 12th plan. The Rural Electrification Corporation (hereinafter referred to as ‘REC’) was the Nodal Agency. The tender was cancelled by the Power Company on 8.3.2013. A fresh tender notice was published on 26.3.2013. The aggrieved bidders challenged the cancellation and the fresh advertisement.

2. The Rural Electrification Department of the Power Company submitted a Detailed Project Report [DPR] under the RGGVY for rural electrification of 26 Districts in the State. The REC examined the DPR and sanctioned it for 11 Districts only. The REC also modified the DPR for HT /LT connections by restricting it to providing of domestic connections only. It did not accept 33/11 KVA sub-stations to be set up as mentioned in the DPR. A Village or part of a Village having a population of less than hundred was also excluded by it from rural electrification. Transformers of 63 KVA mentione







































































































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