IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17734 of 2008 M/S ANAND CONSTRUCTION Versus THE STATE OF BIHAR & ORS ----------- 06/ 11.08.2009 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the Notice for Inviting Tender (in short NIT) No.- 2 of 2008-2009, issued by the Executive Engineer, Rural Works Department, in respect of work contained in the aforesaid NIT No. 2 of 2008-2009. Learned counsel submits that no communication was made to him on what ground his technical bid was not found to be in order. He further submits that as per circular contained in Memo No. 18 of 1970 dated 26.03.1970 a person whose tender is rejected, the reason for the same must be communicated to him. He submits that aforesaid circular further says in case the second tender is issued the earnest money should be refunded so that he can participate in the second tender without any financial constraints. He submits that even the cost of bill of quantity ought to have been refunded. 2 Learned counsel for the State has filed counter affidavit. He submits that due communication was made to the petitioner on 01.08.2008 regarding non-approval of his technical tender. Learned counsel for the State submits that the petitioner did not fulfill certain requirements mentioned in the NIT. After hearing the counsel for the parties, this Court is of the view that the earnest money deposited by the petitioner should be refunded to him and for other grievance he may approach the Principal Secretary of the Department by filing a detailed representation which shall be considered within a period of four months from the date of receipt of the same. With the aforesaid direction, this writ application is disposed of. kundan (S. P. Singh, J.)