IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.243 of 2006 RAM BINOD CHAUDHARY BUILDERS Private Limited at & P.O. Kharauna, P.S. Kurhani, District Muzaffarpur through its director Vijay Kumar Sharma son of Sri Braj Nandan Chaudhary, resident of village & P.O. Kharauna, P.S. Kurhani, District Muzaffarpur … .. Appellant Versus 1. THE STATE OF BIHAR through its Secretry- cum-Commissioner,Water Resources Department, Government of Bihar,Sichai Bhawan,Bihar, Patna 2. The Secretary-cum-Commissioner, Water Resources, Department, Government of Bihar, Sichai Bhawan, Bihar, Patna 3. Engineer-in-Chief(North),Water Resources Department,Govt. of Bihar, Sichai Bhawan, Bihar Patna 4. Chief Engineer,Water Resources Department, Kalam Bag Road, Muzaffarpur 5. Superintending Engineer, Tirhut Canal Division Circle, Ram Dayalu Nagar, Muzaffarpur 6. Executive Engineer,Tirhut Canal Divisiosn No. 1,Ram Dayalu Nagar, Muzaffarpur 7. Executive Engineer, Tender Incharge(H.O.),Sichai Bhawan, Bihar, Patna 8. Joint Secretary, Water Resources, Department,Sichai Bhawan,Bihar Patna … … Respondents ----------- 5. 24.4.2009 Heard learned counsel for the appellant and learned counsel for the State and perused the order under appeal whereby the writ Court has dismissed the writ petition preferred by this appellant and has refused to interfere with the order canceling all the tenders or the subsequent 2 advertisement/notice inviting fresh tenders. On account of the subsequent advertisement the appellant had preferred second writ petition bearing C.W.J.C. No. 11222 of 2005 in which the impugned decisions were annexed as Annexures 8 and 9. The writ Court repelled the submission that the action impugned was discriminatory. We are in agreement with the writ Court and find no good ground to interfere in the matter. The appeal is, therefore, dismissed. On behalf of the appellant it was submitted that due to cancellation of tender papers submitted by the appellant, his bank guarantee was discharged and demand drafts of the tenderers were returned. However, some money was spent by the appellant in obtaining the bank guarantee and the appellant should be compensated for that amount of money. There is no demand in the writ petition and otherwise also, we are not inclined to allow such a new prayer at the appellate stage. However, an opportunity is given to the appellant that, if so advised, 3 he may file a representation before the concerned authority which shall consider the claim on its own merit in accordance with law. Kanth ( Shiva Kirti Singh, J.) ( Dharnidhar Jha, J.)