IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14739 of 2009 RANJAN KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 5 29.1.2010 Heard learned counsel for the parties. In the second supplementary counter affidavit filed on behalf of respondents 1, 4 and 6 a categorical statement has been made in paragraph-4 that the departmental letter no. 7301 dated 2.9.2008, annexure C has only been internally circulated within the department. No wide publicity was given either in any newspapers or to the general public or to the contractors in any manner. If that is the accepted position by the State then the decision taken against the petitioner in terms of annexure-7 dated 15.10.2009 cannot be sustained. The petitioner cannot be pinned down for breach of certain terms and conditions or the guidelines when he had no knowledge of the same. The petitioner cannot be taken by surprise by pulling out the circular and quoting terms and conditions therefrom without having any knowledge in this regard. Annexure-7 dated 15.10.2009 stands quashed with a direction upon the respondents to consider the bid of the petitioner a well as if the departmental letter no. 7301 dated 2.9.2008 is not in existence for this tender. This writ application stands allowed. RPS (Ajay Kumar Tripathi,J.)