APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the parties.
(2.) Writ petitioner approached this Court on issuance of Press Advertisement on 30th October, 2016 (Annexure 6), whereby Notice Inviting Tender (for short 'NIT') No. 04/201617 pertaining to the work of construction of New Eklavya Model Residential School at Purnapani Panchayat under Behragora Block in the District of East Singhbhum, was cancelled.
(3.) The essence of petitioner's grievance is reflected in the order dated 21st November, 2016, by which the Respondents were directed to file their counter affidavit. It is accordingly quoted hereunder: "Counsel for the petitioner submits that after being successful in the NIT at Annexure 1 bearing no. 04/201617 for award of the work for construction of new Eklavya Model Residential School at Purna Pani Panchayat in village Budipokhar, block Bahragora, as per decision of the Tender Committee at Annexure 3 dated 18.10.2016, petitioner was communicated vide Annexure 4 to enter into an Agreement by the District Engineer, East Singhbhum under the orders of Deputy Development Commissioner - cum - Chief Executive Officer, Zila Parishad being Memo No. 952 dated 21.10.2016. Petitioner was intimated that if he fails to enter into an Agreement by 28.10.2016, then work would be allocated to the second lowest tenderer. Despite the fact that the petitioner appeared to enter into an Agreement on 28.10.2016 vide Annexure 5 before the Secretary, Zila Parishad, East Singhbhum, NIT itself has been cancelled by the impugned press communication dated 30.10.2016 (Annexure 6) issued by the Respondent No. 4 Deputy Development Commissioner - cum - Chief Executive Officer, Zila Parishad, East Singhbhum, Jamshedpur. Therefore, petitioner has approached this Court. Counsel for the Respondent State prays for and is allowed two weeks time to obtain instruction in the matter. 2. Counsel for the State would also seek instruction from the Respondent Nos. 3 to 6 being the officials of Zila Parishad. Counter affidavit should be filed well within time, as per the High Court Rules and Standing Instructions. 3. List the case accordingly on 07.12.2016 within first ten cases as an unfixed case. 4. In the meantime, Respondent should not proceed to initiate a fresh process for award of the same work." ;