IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5607 of 2009 SHYAM BIHARI, son of Shri Mahendra Chaudhary, resident of village - Kharauna, Police station – Kudhani, District – Muzaffarpur. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Road Construction Department, Govt. of Bihar. 2. The Superintending Engineer, Road Construction Department, North Bihar Road Division, Samastipur. 3. The Executive Engineer, Road Construction Department, Road Construction Department, Road Construction Sub-Division No.1, Samastipur. 4. The Sub-Divisional Officer, Road Construction Department, Road Construction Sub-Division no.1, Samastipur. ----------- 03. 04.12.2009 After passing of the order dated 1.5.2009 in the present writ application by the Court, the learned Additional Advocate General XI informs the Court that the issue was examined by the respondent authorities and in the totality of the given facts and circumstances they have decided to re-tender the left over work on the basis of risk and cost factum in relation to tender in question. The process for advertisement has been initiated and the tender notice is likely to be published soon. Learned senior counsel representing the petitioner submits that the action of the respondents is going to entail heavy loss to the petitioner. To that extent the matter ought to have been sympathetically considered or the problems which the petitioner had to face in execution of work. The Court could have reached out the petitioner provided the facts were not as glaring as they are which are borne out from annexure-18 to the writ application. But after all the indulgence shown to the petitioner cannot be denied in face of annexure 18 and - 2 - the indulgence cannot be shown at the social cost which the State has also to bear in implementation of such contract where a time-frame of completion is equally important. No case is made out for interference in the above circumstances. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J)