WP(C) 5130/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. D. Das, the learned counsel for the petitioner as well as Ms. B. Bhuyan, the learned standing counsel Public Works Department for the responde nts. The grievance of the petitioner in the present petition is that though v ide the second NIT dated 28.07.2009 the process for settlement of work against t he package Nos.AS-01-93 and AS-24-44 has been initiated and the petitioner along with others participated in such tender process and though the petitioner was f ound to be L1, the authority has not passed any order of settlement and on the o ther hand is contemplating to cancel the said tender process as was done on earl ier occasion also, without there being any reasonable justification for that pur pose. Ms. Bhuyan, the learned standing counsel Public Works Department appeari ng for the respondents on the basis of the written instruction has submitted tha t the authority is under active consideration of the process of settlement initi ated vide NIT dated 28.07.2009 and is considering different aspects of the matte r and has not yet taken any decision relating to the cancellation of such proces s, though it is under active consideration. Ms. Bhuyan further submits that unless the decision is taken for cancell ation of such tender process, there is no question of issuance of an another ten der process for settlement of the said work. In view of the aforesaid submission, the present writ petition is dispos ed of with a direction to the respondent authorities to take a decision on the t ender process initiated vide NIT dated 28.07.2009 and in case the authority deci des to cancel such process, the said order shall be furnished to the tenderers i ncluding the petitioner who participate pursuant to such NIT dated 28.07.2009. I n case any adverse decision is taken, it is open to the petitioner to approach t his court. The writ petition is disposed of. No cost.