U.N. Bhachawat, J.

1. This is a public interest action initiated under article 26 of the Constitution of India by the petitioner, who was one of the tenderer for the purchase of plants and equipments of the Gwalior Power House, owned by respondent No 1; in response to the tender notice (Annexure P. 2) that was issued by respondent No. 1.

2. The petitioner has vide this petition sought writ in the nature of mandamus or certiorari for quashing the deal between respondent No. 1 and 5 regarding the disposal of the plants and equipments of the aforesaid power house; also for restraining delivery of the plants and equipments under the delivery order Annexure R. 5/6 and for directing respondent No. 1 to sell the plants and equipments as per specifications in Annexure P. 2 with the alleged additional items contained in delivery order Annexure R. 5/6 dated 30-9-81 for Rs. 53 lacs.

3. Initially, the M. P. Electricity Board, respondent No. 1 had taken a decision to hold the sale of the plants and equipments of Gwalior Power House by a public auction fixing the reserve price at Rs 30,12,340-75. This reserve price was fixed taking into consideration the highest tender of Rs. 31,70,88500 that