WP(C) 4884/2011 BEFORE THE HON’BLE MR. JUSTICE B.D. AGARWAL This writ petition has been filed challenging the NIT dated 13.9.2011 is sued by the Deputy Inspector General of Police (Admn.), Assam, Guwahati inviting tenders for supply of dry ration in the police department. Heard Mr. N. K. Baruah, learned counsel for the petitioner and Mr. J. Ha ndique, learned counsel for the respondents. The only ground to challenge the NIT is that the respondents have fixed the rate of EMD without any justification. The learned counsel for the petitione r also submitted that the rate of EMD is disproportionate and on the higher side . It may be mentioned here that the impugned NIT is the second one and the earlier NIT dated 18.6.2011 was also challenged on identical ground by some oth er intending tenderers. In the earlier writ petition, vide order dated 5.9.2011, the respondents were directed to revise the rate of earnest money. On the basis of the said dir ection, the present NIT has been issued. Admittedly, the second NIT has been issued within a period of less than three months. The present writ petitioner was neither a party in the earlier wri t petition nor challenged the earlier NIT where the rate of earnest money was qu ite high. Besides this, if any interim order is passed, it will delay the proces s of finalization of tenders. At the same time, from the NIT it is apparent that the supply of dry ration has been bifurcated in three groups with different amo unt of earnest money. It is now upto the writ petitioner to participate in any of the group or for all the groups. In the result, the writ petition is devoid of merit and it is, according ly, dismissed.