IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.590 of 2006 Anil Kumar Yadav son of Sri Munsi Prasad Yadav, resident of Village-Raja Kharbar P.S.-Sakatpur, District-Darbhanga. .........Petitioner Versus 1. The State Of Bihar. 2. The Engineer-in-Chief, Water Resources Department, Irrigation Building, Secretariat, Patna. 3. The Secretary-cum-Commissioner, Water Resources Deptt. Bihar, Patna, Irrigation Building, Secretariat Patna. 4. The Chief Engineer, Water Resources Deptt, Samastipur. 5. The Superintending Engineer, Flood Control, Water Resources Deptt., Darbhanga. 6. The Executive Engineer, Flood Control Division No. 1 Jhanjharpur, Madhubani. .........Respondents ---------------------------------- 03 29.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- i) For issuance of a writ in the nature of certiorari quashing the part clause of invited tender notice no. 03/05-06 issued under the signature of respondent no. 6 as contained in Annexure-3 and further for giving protection to the petitioner in filing the tender in view of the Annexure-2 as earlier the certain clause were never emphasized in the tender by the deptt. in any tender. ii) For issuance of a mandamus commanding the respondents to give the petitioner an opportunity for filing the tender in view of Annexure-2 and the petitioner being the newly registered contractor deprived from the said consideration though, he full fills other criteria except the clause 18 and 19 of the Annexure-3 and is the resident of said locality. iii) Any other writ/writs for granting any other relief or reliefs to the petitioner for which he is found entitled in the facts and circumstances of this case. - 2 - 3. A counter affidavit has been filed by the respondents stating that during the pendency of this writ petition, Clauses No. 18 and 19 of tender notice no. 03/2005-06 has already been amended/relaxed vide letter no. 90 dated 16.01.2006 (Annexure-A) issued by the Engineer-in-Chief (N), Water Resources Department, Government of Bihar, Patna and the amended/corrected N.I.T. was published in the daily newspaper ‘Dainik Jagran’ on 25.01.2006 and in the said tender, the petitioner also took part along with others. 4. In the said circumstance, the grievance of the petitioner has already been redressed and the petitioner had been given an opportunity to participate after the required amendment/relaxation. 5. Accordingly, this writ petition is disposed of. Safik (S.N.Hussain, J.)