M/S Call And Fix v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9489 of 2025 ====================================================== M/s Call and Fix No.-10, 2nd Floor, Rupali Path, RGB Road, Guwahati, Assam-781024, being represented through its authorized Attorney, Mahesh Sonthalia, Aged about 52 years, Gender-Male, son of Sri Shyam Sundar Sonthalia, Resident of P.P. Enterprises, Jail Road, Fancy Bazar, H.B. Road, P.O.-Panbazar, Guwahati, Assam-781 001.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2.

The Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Additional Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4.

The Standing Empower Committee, Nagar Parisad, Dehri-Dalmia Nagar, Dehri, Rohtas, Sasaram being represented through its Chairperson. 5.

The Executive Officer, Nagar Parisad, Dehri-Dalmia Nagar, Dehri, Rohtas, Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Chandra, Advocate.

For the Respondent/s :

Mr. Standing Counsel (04).

For the Resp. Nos. 4 & 5:

Mr. Avinash Kuamr, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-08-2025 Learned counsel appearing on behalf of the petitioner states that pursuant to the new tender being NIT No. 04/2025-26 dated 14.07.2025 issued, the petitioner has participated in the same. Learned counsel for the petitioner seeks permission to withdraw the present writ petition with a leave to give a suitable representation to the respondent authorities i.e. Respondent Nos. 4 & 5 herein for refunding the EMD amount paid by the

Patna High Court CWJC No.9489 of 2025(5) dt.11-08-2025 2/2 petitioner while participating in the earlier issued E-Tender/BID No. GEM/2024/B/4806004 on 11.04.2024.

2. Having regard to the above, the present writ petition is disposed of granting liberty to the petitioner to make suitable representation to the Respondent Nos. 4 & 5 for seeking refund of the EMD amount paid by the petitioner in the earlier round of tender within a period of four weeks from today. On such representation being made, the authority shall consider the same and pass necessary orders for refunding the EMD amount. The authority shall endeavour to refund the amount within a period of four weeks from the date of the receipt of the copy of the representation by the petitioner.

3. With the above directions, the present writ petition stands disposed of.

4. The I.A. No. 01 of 2025 filed in this case shall also stands disposed of.

(A. Abhishek Reddy, J) shakir/- U