HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 14815/2020

MB Power (Madhya Pradesh) Limited, Registered Office Village

Laharpur, P.O Jaithari, Anuppur Distt. Madhya Pradesh 484330

Also At Corporate Office 239, Okhla Industrial Estate Phase III,

New Delhi 110020 Through Its Authorized Signatory Rajinder

Singh S/o Sh. Dewan Singh Aged About 44 Years R/o C-4-

G/154B, Janakpuri, New Delhi 110058

----Petitioner

Versus

1.

State Of Rajasthan, Through Principal Secretary,

Department Of Energy, Government Of Rajasthan, Vidyut

Bhawan, Janpath, Jyothi Nagar, Jaipur Rajasthan 302005

2.

Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Through Its

Secretary, Vidyut Bhawan, Janpath Jaipur 302005

Rajasthan

3.

Jaipur Vidyut Vitaran Nigam Ltd., Through Its Managing

Director Jaipur Kishangarh Expy. Heerapura Jaipur

320026 Rajasthan

4.

Ajmer Vidyut Vitaran Nigam Ltd., Through Its Managing

Director Vidyut Bhawan, Panchsheel Nagar, Makarwali

Road, Ajmer 305004 Rajasthan

5.

Jodhpur Vidyut Vitaran Nigam Ltd., Through Its Managing

Director New Power Hours, Industrial Area, Jodhpur -

342003 Rajasthan

6.

Ministry Of Power, Through Secretary, Government Of

India, Shram Shakti Bhawan New Delhi 110001

7.

PTC India Ltd., Through Its Managing Director, 2nd Floor,

NBCC Tower, 15 Bhikaji Cama Place, New Delhi 110066

8.

M/s Lanco Power Ltd. Babandh, Through Its Resolution

Professional Regd. Office At Lanco House Plot No.4,

Software Units Layout, Hitech City, Madhapur, Hyderabad

Teleangana 500081

9.

M/s. Athena Chhattisgarh Power Ltd., Through Its Official

Liquidator 1024/1/RT, G-1, B-Block, Roxana Towers,

Green Lands, Begumpet, Hyderabad 500015

10.

M/s. Lanco Vidarbha Thermal Power Limited, Through Its

Official Liquidator Regd. Office, Plot No.4, Software Units

(2 of 83)

[CW-14815/2020]

Layout, Hitech City, Madhapur, Hyderabad, Telangana

500081

----Respondents

For Petitioner(s)

:

Mr. Vikram Nankani, Senior Advocate

assisted by Mr. Y.V. Nandwana,

Mr. Hemant Sahay, Mr. Nitish Gupta

Ms. Molshree Bhatnagar

Mr. Prem Chand Sharma

Mr. Dilip Bhagtani

Mr. Sarthak Sachdev through VC

For Respondent(s)

:

Mr. M.S. Singhvi, Advocate General

assisted by Mr. Siddhant Jain & Mr.

Darsh Pareek for respondent Nos.1 & 2

Mr. Bipin Gupta through VC for

respondent Nos.3, 4 & 5

Mr. Ravi Kishore with

Mr. Guntur Pramod Kumar &

Mr. Prakhar Gupta for respondent No.7

Mr. Sameer Sharma for respondent No.9

Mr. Sahir Hussain through VC for

respondent No.10

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Judgment Reserved On

::

19/08/2021

Judgment Pronounced on

::

20/09/2021

BY THE COURT(PER HON’BLE THE CHIEF JUSTICE):

1. The Petitioner MB Power (Madhya Pradesh) Limited has

invoked writ jurisdiction of this Court under Article 226 of the

Constitution of India claiming manifest arbitrariness and

discrimination in the actions and inaction of official

respondents who are ‘State’ for the purpose of Article 12, on

the vice of Articles 14, 19 and 21 of the Constitution of

India.

2.

The petitioner has impugned Rule 69(2)(b) of the

Rajasthan Transparency in Public Procurement Rules, 2013

(3 of 83)

[CW-14815/2020]

(RTPP Rules) framed in exercise of powers under Section 55

of Rajasthan Transparency in Public Procurement Act, 2012

for being ultra vires of Articles 14, 19(1)(g) and 21 of the

Constitution of India as well as Section 63 of the Electricity

Act, 2003.

The Petitioner also seeks directions to

Respondents 1 to 5 to forthwith issue Letter of Intent (LoI)

in respect of its bid filed through Respondent 7 PTC India

Ltd. for supplying 200 MW power from the power generating

station of the Petitioner at levelized tariff of 5.517 Rs./Kwh,

being in terms of bid qualified by the Bid Evaluation

Committee and ranked L7. The petitioner cliams that their

right under the said bid has now accrued pursuant