JUDGMENT :

Sandeep Mehta, J.

The instant intra-Court writ appeal takes exception to the judgment and final order dated 14.08.2018 passed by the learned Single Judge accepting WP(C) No.4340/2008 filed by the respondents herein and quashing and setting aside the letter dated 15.10.2007 issued on behalf of the appellant General Manager, FCI, Regional Office, Guwahati directing forfeiture of earnest money deposited by the respondent No.1 in pursuance of the Notice Inviting Tender (NIT) floated by the appellants inviting bids for transportation of food grains from Tinsukia Railway Siding to the FCI Godown at Tezu including handling work at Tezu for 2(two) years.

2. Admitted facts as emanating from record are that the bids were opened on 03.08.2007. As the bid of the respondent No.1 was found to be compliant to all the requirements of the NIT and as the rate quoted by the respondents at Rs.32.34 per MT, per KM, was the lowest, the same was accepted. However, rather than proceeding with the submission of document(s) and completion of formalities, the respondents herein wrote a letter dated 06.10.2007 to the appellant authority praying that they were from very remote area, had mistakenly quot