1. In the present case a preliminary objection has been raised by Mr. P. K. Sahi, learned counsel, appearing on behalf of the State, that as the claim of the petitioner is a money claim, he should be directed to file a suit and should not be allowed to invoke the extraordinary jurisdiction of this Hon ble Court. Present writ petition was filed on 2-5-1984 and admitted on 7-8-1984. The statutory period for filing the suit has already elapsed since long. This objection should have been taken at the time of admission itself. In view of the facts, as stated above, I am disposing of the aforesaid writ petition on merit, but, this shall be an exception and will not be treated as precedent in other similar cases.

2. That the petitioner No. 1 M/s Dumraon Industries Private Limited is a private limited company incorporated under the Companies Act, 1956, and is indulged in manufacturing lanterns and is a registered Small Scale Industry, with the Industry Department, of Bihar, Patna. That on 16-4-1983 an advertisement was published in the Indian Nation, a local newspaper, inviting tenders for supply of one Lakh lanterns for the Adult Education Programme of the Government of Bihar. The