MC 3405/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mr. B.D. Das, learned counsel appearing for the applicant. None ap pears for the applicants/writ petitioners although their names have been reflect ed in the Board. By filing this Misc. Case, the applicants has prayed for vacation/modi fication of the interim order dated 30-10-09 passed in W.P. (C) No. 4635/09. It is contended by Mr. Das that due to change in specifications of the scope of the work allotted through the NIT in question, the earlier tender proce ss initiated on the basis of NIT dated 14-6-09 was abandoned and a new NIT with new specifications was issued. The petitioner was also issued notice about the c ancellation of the tender dated 14-06-09 stating that the scope of work specifi ed in the tender dated 15-10-09 for raising of the height of 220 K.V. CKT Khanap ara-Sarusajai transmission line at Khanapara Rotary on turnkey basis has changed and evaluation of the tender by omission an inclusion of items may create confu sion, as the tender was invited on turnkey basis and as such the initial tender dated 14-6-09 was cancelled and new tender was issued on 15-10-09 with revised s pecifications. It is submitted that such a course is always permissible to the petiti oner to issue fresh NIT cancelling the earlier one with new specifications. The learned counsel for the petitioner has referred to the decision of the Apex Cour t reported in AIR 2000 SC 2272. Perusal of the impugned NIT dated 15-10-09 discloses that 3 of t he items mentioned in the NIT dated 14-6-2009 have been abandoned. That apart a new item has been added covering the scope of the work. Perusal of the descriptions of the work as mentioned in both the NITs dis close that the scope of works specified in the initial NIT have changed and the petitioner as per the recommendation of the TPC issued fresh NIT dated 15-10-09 cancelling the earlier NIT dated 14-6-09. It is contended that since the work in question relates to essential service after completion of the process, the cont ract is to be allotted to the successful tenderer. Upon consideration of the aforesaid facts and taking note of the submi ssions made by the learned counsel as well as upon perusal of the averments mad e in this writ petition the interim order dated 30-10-09 was extended on 30-11-0 9 till the next date. None appeared today to oppose the prayer for modification as well as to press for fresh extension of the interim order. In that view of th e matter, the interim order dated 30-10-09 is not extended further. With this order this Misc. Case stands disposed of.