During the pendency of the present petition, the concerned respondent was stated to have communicated the rejection of the petitioner's technical bid on 24.01.2022. In light of this development, the present petition does not survive consideration.

In view of these facts and circumstances, the present petition stands disposed of, reserving liberty to the petitioner to assail the technical evaluation committee's decision dated 24.01.2023 by which the petitioner's objection has been rejected.

The reliefs sought in the present petition cannot be granted under Article 226 of the Constitution for the reasons that the petitioner is seeking a writ of mandamus directing the respondents to cancel of the deed of agreement dated 20.07.2016. For cancellation of the deed of agreement, the petitioner has a remedy of filing a civil suit or if there is any clause under the agreement available to the petitioner or respective parties, in that event petitioner is permitted to invoke such remedy.

Even though the petitioner has assailed the communication of rejecting the extension of time to execute the work, however, the department has permitted the petitioner to execute and complete the work. Then what remains is insofar as certain dues to be paid by the concerned respondent to the petitioner. In this regard, the petitioner is hereby directed to file a detailed representation to the concerned authority. The concerned authority may examine if legally the petitioner is entitled to such dues shall be settled. If the petitioner is still not satisfied in that event petitioner is at liberty to invoke appropriate remedy in filing a civil suit or arbitration whichever Patna High Court CWJC No.17160 of 2015 dt.12-05- 2023 3/3 remedy is available to the petitioner.

This is also subject to the condition that the return should be filed up to the effective date of cancellation of registration and the Patna High Court CWJC No.7013 of 2023 dt.12-05- 2023 4/4 payment of tax, interest, penalty, and late fee in respect of such returns have also been made. The assessee would also be entitled to avail of the said remedy if the cancellation has been effected under clause (b) or clause (c) of Sub-section (2) of Section 29.