ORDER

Leave granted.

2. The Patna Regional Development Authority (hereinafter referred to as the appellants ) invited tenders for the construction of a high rise building Maurya Towers in the town of Patna. Of the three bids which were submitted, the bid of the first respondent, namely, Rashtriya Pariyojana Nirman Nigam was found to be the lowest. The second lowest bid was of respondent No.4, M/s. Walia Builders. Although the tender submitted by the first respondent was the lowest, the Tender Committee took into account the fact that the first respondent had been black-listed for a period of five years by the Water Resources Department, Government of Bihar under a black-listing order dated 26.9.1991, and decided not to award the contract to the first respondent. Instead, it awarded the contract to the fourth respondent. The fourth respondent, after negotiation, agreed to do the work at the rates offered by the first respondent.

3. This decision of the appellants was challenged by the first respondent by filing a writ petition being C.W.J.C. No.3964 of 1995 which was filed on 13.6.1995 in the Patna High Court. The first respondent also filed another writ petition bearing C.W.J.C. No