WP(C) 3802/2011 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. M. Sarkar, learned counsel for the petitioner as well as Mr. P. Kataki, learned Standing Counsel, Assam Agricultural University. The petitioner is aggrieved by Annexure-II re-tender Notice date d 21.7.2011. Same has been done in cancellation of the earlier tender process in itiated by the respondents. In the counter affidavit filed by the respondents, i rregularities in the earlier tender process have been pointed out. In the earlie r tender process, the tender of Sri Sanjib and Sri Bal Bahadur Chetri were opene d, but the tender of Sri Jyotiprasad Mahanta could not be opened as he had submi tted a letter of withdrawal dated 6.7.2011 stating that he was not interested in the tender process. However, again on 14.7.2011, said Sri Mahanta wrote another letter to the University that he had written the earlier withdrawal letter upon threat to him by some person forcing him to sign the letter of withdrawal. Said Sri Mahanta personally met the authority of the University. Similar complaints were lodged in respect of the works at serial No. 4 of the tender notice. The au thority also received some verbal complaints from some other contractors, who we re prevented from participating in the tender process. It is in view of the aforesaid situation, the decision was taken to cancel the earlier tender process and to issue fresh tender notice. In absen ce of any allegation of arbitrary and/or malafide exercise of power, there is no reason to disbelieve the stand of the respondents in their counter affidavit. I t is for the authority to decide as to whether earlier tender process was proper or not. If in view of the allegations referred to above, the authority decided to float fresh tender, no fault can be attributed to them. For all the aforesaid reasons, there is no merit in the writ pet ition and accordingly it is dismissed. Interim order passed on 12.8.2011 stands vacated.