IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4937 of 2009 M/S Maruti Enterprises, Gudari Road, Hajipur, Vaishali (Bihar) through One of its Partner Niket Kumar Sinha, S/o- Late Ashwani Kumar Verma, Resident of Rajendra Chowk, Hajipur, P.O. & P.S.-Hajipur, District-Vaishali. …. Petitioner. VERSUS 1. General Manager, E.C. Railway, Hajipur. 2. Senior Divisional Engineer (Co.-ord), E.C. Railway, Sonepur. 3. Divisional Rail Manager, E.C. Railway, Sonepur. 4. Divisional Engineer/Spl. E.C. Railway, Sonepur. ….. Respondents. ----------- 02 18.04.2009 With reference to Clause-6 of Annexure-1, petitioner states that if the contract is not performed, the only liability is of forfeiture of earnest money. But, by the impugned order, as contained in Annexure- 6, apart from earnest money security deposit has also been ordered to be forfeited as a consequence of non-execution of work. In my view, petitioner having tendered on a fixed rate contract basis, the tender having been accepted and communicated, the agreement was complete, though no formal contract was entered into, petitioner was required to carry on the work but he failed to do so on the plea and prayed for revision of rates after acceptance. In such a situation, I am afraid that the action of the respondents cannot be questioned at least in writ petition. In view of the aforesaid, the petitioner seeks permission to withdraw the writ petition to avail remedy available to him departmentally. Permission is granted. The writ petition is dismissed as withdrawn. Trivedi/ (Navaniti Prasad Singh, J.)