IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15276 of 2009 ***** 1. VIKAS BHARTI S/O MAHESHWARI PRASAD R/O VILL- KARUNABAGH, P.O. & P.S. SOHSARAI, DISTT. NALANDA AT BIHARSHARIF. …. …. Petitioner Versus 1. BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR SONE BHAWAN, IVTH FLOOR, VIRCHAND PATEL PATH, PATNA-800001 2. THE CHIEF OF PROCUREMENT BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LTD., SONE BHAWAN, IVTH FLOOR, VIRCHAND PATEL PATH, PATNA-800001 3. THE INCHARGE DISTRICT MANAGER BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LTD., NALANDA AT BIHARSHARIF 4. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT TRANSPORTATION SAMITI, NALANDA AT BIHARSHARIF. …. …. Respondents ----------- For the Petitioner : Mr. M.S.Hoda, Advocate For the Res. Corporation : Mr. R.S.Pradhan, Senior Advocate Mr. A.N.Rai, Advocate ----------- 2. 17.11.2009. After having heard learned counsel for the petitioner and learned senior counsel appearing for the Bihar State Food and Civil Supply Corporation, one of the reasons why the Court is not inclined to interfere in the present writ application at this stage is that a fresh tender notice has already been issued, the petitioner has not been barred or precluded from participating in the same, the interpretation or the reason given by the respondents for rejection of the claim was arguable and the submission of the petitioner was worthy of consideration but in absence of supporting mater and notice the Court has certain reluctance in exercising its power under Article 226 of the Constitution of India. Petitioner is free to participate in the new tender on the terms and conditions which may be there in the advertisement. This writ application is disposed of with above liberty. Pawan/- (Ajay Kumar Tripathi, J.)