IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3303 of 2008 NAWAL KISHORE UPADHYA Versus THE STATE OF BIHAR & ORS ----------- 2 9.9.2008 Petitioner challenges clause (23) of the notice inviting tender . The said clause, inter alia , provides that any contractor , who has not been able to complete any work in the same region , will not be qualified for competing in the tender. Petitioner responded to the tender fully knowing l about the said clause but when the said clause invoked against him and consequently he lost the tender he has come to challenge the said clause. In my view, this cannot be permitted. If petitioner was aggrieved by the said clause should have challenged the same before participating but having taken a chance by being a fenced sitter and having lost he cannot be permitted to turn around and challenge the same at this stage. The writ petition is thus misconceived and is dismissed accordingly. SINGH (Navaniti Prasad Singh , J.)