IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14674 of 2010 ---------- Sudip Kumar Dutta the Chief Executive Officer, CIVCON Construction Private Limited 21-A, Shakespeare Sarni, Kolkata- 700017, son of Sri Shushanta Kumar Dutta resident of 17D, Ashutosh Chaudhary Avenue, Kolkata-700019. … Petitioner Versus 1. The Union of India through the Senior General Manager, National Buildings Construction Corporation Limited, B-6, Vijaynagar, Rasbihari Path, Rukunpura, P.S. Hawai Adda, District Patna 2. The Senior General Manager, National Buildings Construction Corporation Limited, B-6, Vijaynagar, Rasbihari Path, Rukunpura, P.S. Hawai Adda, District Patna 3. The Additional General Manager, National Buildings Construction Corporation Limited, B-6, Vijaynagar, Rasbihari Path, Rukunpura, P.S. Hawai Adda, District Patna 4. The Assistant Engineer-cum-Site Engineer (Sri Prabhat Kumar), National Buildings Construction Corporation Limited, B-6, Vijaynagar, Rasbihari Path, Rukunpura, P.S. Hawai Adda, District Patna, at present posted as College of Horticulture at Noorsarai, District Nalanda. 5. The Project Manager (Sri Harsh Bardhan), National Buildings Construction Corporation Limited, B-6, Vijaynagar, Rasbihari Path, Rukunpura, P.S. Hawai Adda, District Patna, at present posted as Project Manager for construction of Academic Block for College of Horticulture at Noorsarai, Nalanda. … Respondents ------ For the Petitioner : M/s Ashok Kumar Jha and Dharmveer, Advocates For the Respondents: Mr. Satish Kumar Sinha, Advocate. ------ 03/ 15.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging letter dated 11.08.2010 (Annexure 6), issued by the Additional General Manager, National Building Construction Corporation Ltd., Patna (respondent no.3), by which Letter of Award dated 15.06.2010 issued by the respondents in favour of the petitioner was cancelled and also for quashing the tender inviting 2 notice dated 20.08.2010 (Annexure 8) issued by the said respondent for retendering without affording any opportunity to the petitioner violating the principle of natural justice and also for directing the respondents to allow the petitioner to make construction in view of the Letter of Award dated 15.06.2010 as it could not be proceeded with due to laches of the part of the respondents. 3. Learned counsel for the petitioner submits that by subsequent developments this writ petition has become infructuous except for the fact that EMD amounting to Rs.10,84,000.00 (approximate) deposited by the petitioner has to be refunded to him by the authorities concerned. In the said circumstances, he prays for withdrawal of this writ petition with liberty to approach the appropriate authority for the refund of the said EMD. 4. In the said circumstances, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an application before the Senior General Manger, National Building Construction Corporation Limited, Patna (respondent no.2) within fifteen days from today along with a copy of this order for refund of the EMD, the said authority shall consider and decide the matter by a speaking order in accordance with law within two months thereafter and if any amount is found refundable, it must be refunded to the petitioner immediately thereafter. MPS/ ( S. N. Hussain, J. )