WP(C) 3541/2011 BEFORE HON’BLE MR JUSTIC B P KATAKEY Heard Mr SS Goswami, learned counsel for the petitioners and Mr KN Choud hury, learned Additional Advocate General, Assam, appearing for the respondents. As agreed to by learned counsel for the parties, the matter is taken up for disposal at the motion stage itself. Grievance of the petitioner in the present petition is relating to the r ate of earnest money required to be deposited by intending bidders in pursuance of notice inviting tender (NIT) dated 18th June, 2011 issued by the Deputy Inspe ctor General of Police(Admn.), Assam, for supply of dietary articles. It is the case of the petitioner that the rate of earnest money required to be deposited by the intending bidders in pursuance of the aforesaid NIT is e xcessively high thereby debarring a certain class of tenderers from participatin g in the tender process. In the affidavit-in-opposition filed by respondents, it has been contend ed that the earnest money deposit has been fixed in accordance with Rule 255 of Assam Financial Rules, and the earnest money of the successful tenderers will b e released as soon as security deposit is furnished and on finalisation of the c ontract to be awarded. It appears from the aforesaid NIT that the earnest money has been fixed for group-A items at Rs.5,00,000/-, for group-B items at Rs.2,00,000/- and for g roup-C items at Rs.2,00,000/- on the basis of volume of works done in the last f inancial year i.e. 2010-2011 and the percentage of earnest money has been fixed at 17.3%, 21.81% and 36.88%, respectively, in respect of Darrang district, and 16.01%, 20.6% and 30.06%, respectively, in respect of Lakhimpur district. During the course of argument, the learned Addl. Advocate General, Assam , submitted that the government has agreed to reduce earnest money deposit for w hich another order will be passed by the authority. Learned counsel for the petitioners submits that in view of the aforesai d submission of the learned Additional Advocate General, Assam, this petition ma y be closed. Having regard to the aforesaid submission of learned counsel for the par ties, this writ petition stands closed allowing the government to pass necessary order revising the earnest money required to be deposited by the tenderers. Needless to say, the authority may extend the date of submission of tenders by t he intending tenderers. The persons who had already submitted their bids, howeve r, need not submit their tenders again. The writ petition is accordingly disposed of. No costs.