JUDGMENT

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant writ application praying therein for quashing the order contained in memo no. 1692 dated 26.2.2019 by the Departmental Tender Committee, Road Construction Department, Bihar, Patna whereby the tender bearing no. OPRMC 02/01 with respect to the work namely long term output and performance based road assets maintenance work for the roads under package no.40A/OPRMC-H/Hilsa has been cancelled and a direction for retender has been given to the Chief Engineer, South Bihar Wing, Road Construction Department, Bihar, Patna.

3. The case of the petitioner is that a notice inviting tender (hereinafter referred to as 'the NIT1) bearing NIT no. -CE (South)/RCD/OPRMC-02/01 dated 26.11.2018 was issued by the Road Construction Department, Government of Bihar with respect to long term output and performance based road assets maintenance work for the roads under package no. 40A/OPRMC-H/Hilsa. As per the NIT the last date for uploading document by the bidder was 26.12.2018, the technical bid was to be opened on 28.12.2018 at 1530 hours and the final bid on 4.1.2019 at 1700