IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3593 of 2009 Singh Transport At Chandni Chowk, G.T. Road, Mohania through its proprietor Sri. Pramod Kumar Singh, Son of Sri. Raj Narain Singh, resident of Mohalla Chandni Chowk Mohania, P.S. Mohania, District- Kaimur(Bhabua) ………Petitioner Versus 1. Director Of Food Corporation Of India 16-20, Barakhambha Lane, New Delhi. 2. Executive Director (East Zone) Food Corporation of India 10-A, Middleton Road, Kolkatta-71. 3. Assistant General Manager(Cont), Food Corporation of India Limited, Patna. 4. General Manager(Region) Food Corporation of India, Regional Office, Arunachal Building Patna. 5. Area Manager, Food Corporation of India, Parmanand Niketan North Gandhi Maidan, Gaya. ………Respondents. ----------- 02. 16.04.2009 Heard Mr. Bind Keshari Singh, senior counsel appearing on behalf of the petitioner. Petitioner challenges the authority of the Food Corporation of India in cancelling the entire tender and retendering it. The facts are not in dispute that petitioner and several others filed their tender in response to notice inviting tender issued by the Food Corporation of India for appointment of Transporting Agents. The tenders of some of the tenderers were rejected as non-eligible. Against those rejections, those tenderers appealed to the higher authority who considered the matter and after enquiry found that they were wrongly held to be ineligible, by then - 2 - the valid tenders were opened and processed. The authorities then in the best interest of tender decided to scrap the entire tender and issued tender afresh giving opportunity to everybody to apply afresh. It is this decision that has been challenged. In my view, the facts as noted above, authorities have committed no wrong and they acted in the best interest of the Corporation and the tenderers. There is yet another reason for not interfering. Petitioner, it is not disputed, participated in the retender as well which is pending finalization. He did not participate therein under protest. Having accepted the cancellation of the tender and participated in the retender, without reservation, he is now estoped from challenging the said decision. For the reasons aforesaid, the writ petition merits no consideration and is dismissed as such. Shageer (Navaniti Prasad Singh, J)