JUDGMENT :

1. Heard Learned Counsel for the parties.

2. This writ application has been filed by Md. Yaseen Khan as the Respondents are not opening his commercial bid as technical bid submitted by him is found by them to be non-responsive. With, such grievance, this writ application was filed before this Court on 9.2.2007. On I 2.2007, a Division Bench of this Court granted ex-parte an interim order to the extent that if the work order was not issued till then, the same should not be issued. The said interim order is continuing till date.

3. In this matter, counter affidavit has been filed by the Opposite Parties 1 to 7. In the said affidavit filed by the Executive Engineer, Muran Dam Division, Upper Indrabati Hydro Electricity Project, various facts have been disclosed relating to the defects in the tender submitted by the Petitioner. Out of all the facts, such have been disclosed the most vital fact has been disclosed at Annexure-D the said affidavit. The said Annexure-D is a letter addressed to the Executive Engineer (O.P. 1) signed by the Petitioner himself on 12.1.2007 below:

I had tendered for the work against Sl. No. 1 & Sl. No. of the aforesaid Tender Call Notice. I had duly sub