H. K. SEMA, (Actg. C.J.) :- Heard Mr. K.N.Choudhury, learned counsel for the appellant as well as Mr. D.K. Mishra, learned counsel for the private Respondents and Mr. C. Choudhury, learned Sr. Govt. Advocate, Assam.

2. This writ appeal has been filed against the judgment and order dated 12-4-2001 passed by the learned Single Judge in W.P. No.2115/2001.

3. The dispute relates to repairing and improvement of Kamalpur Morrowa Road under the Chief Engineer, PWD. The undisputed fact is that a tender notice was issued on 15-2-2001 and the same was published in the News Front, a daily in its issue dated 4-3-2001. The preliminary work order was issued in favour of the respondents on 19-3-2001 and the formal work orders were issued on 26-3-2001. A grievance has been raised by the writ appellants that the said tender has not been issued in accordance with Rule 254 of the Assam Financial Rules, 1954. The admitted position is that pursuant to the short tender notice there were only 7 tenders and the work in question has been distributed to 5 tenders.

4. At this stage we would like to point out that the fact that only 7 tenders have been received pursuant to the Notice inviting tenders it