S.K.Katriar, J.

1. Heard Mr. Vinod Kanth for the petitioner, and Mr. Ashok Kumar Singh, learned SC No. III for the respondents. This writ petition has been preferred with the prayer to set aside the order dated 11.6.2001 (Annexure-3), whereby respondent No. 2 (P.N. Narayanan, Secretary-cum-Commissioner, Public Health and Engineering Department, Government of Bihar, Patna), has directed that the petitioners tender to lift scrap materials from the godowns of the different divisions of the Public Health and Engineering Department of the State Government is confined to the divisions of Sasaram, Bhabhua, Sitamarhi and Patna (Mechanical). It is further stated therein that validity of the tender has expired and the balance of the materials shall be advertised for auction separately, if necessary.

2. The State Government had issued a tender notice dated 26.2.1994 another tender notice of the same date (Annexure-1 and 2 respectively to the petitioners previous writ petition bearing CWJC No. 3622 of 1988), notifying that scrap materials in the godowns of the different divisions of the Department are on sale. Annexure-1 notified that the scrap of corrugated iron and galvanised iron shall be sold on the basis of offers received from different persons. Annexure-2 is on just the same lines except that it in addition mentioned sale of brass scrap also. A copy of the notice to the Tenderers was handed over by the Department to each applicant (along with tender application), and is marked Annexure-6 to the petitioners supplementary affidavit. Annexure-A thereto is dated 11.3.1994, under the signature of respondent No. 4 (the Engineering-in-Chief-cum-Special Secretary), stating that a total quantity of 1350 MTs. were available for sale in the godowns of the different divisions of the department all over the State of Bihar. The rates quoted by the petitioner were the highest, and his offer was accepted. Respondent No. 4 issued his letter bearing No. 149, dated 21.9.1985 (Annexure-3), to all the Executive Engineers of the Department, informing them of acceptance of the rates at which the petitioners offer had been accepted. They were therefore, directed to submit the requisite survey report regarding the scrap materials mentioned therein so that the State Government may take the follow-up action, and the Government revenue does not suffer. The petitioner lifted the scrap materials from the godowns at Sasaram, Bhabhua, Sitamarhi and Patna (Mechanical), issued under the signature of the respective Executive Engineers, vide letters marked Annexure-4, 5 and 8.

3. This was followed by letter of the headquarters dated 1.6.1996 (Annexure-8 to CWJC No. 3627/98(, wherein it was stated that genuine materials in the godowns were being sold in the name of scrap. The petitioner was not allowed to lift further materials and a committee was constituted for sale of scrap materials of the remaining places. The petitioner had, therefore, preferred CWJC No. 3622/98 for a direction to quash the aforesaid letter which came in the way of the petitioner and for direction to the respondent authorities to permit the petitioner to lift the materials from all the godowns. The writ petition was allowed with costs quantified at Rs. 10,000.00 and the respondent authorities were directed to permit the petitioner to lift the materials from all the godowns in Bihar including Patna as expeditiously as the petitioner can. The State of Bihar filed LPA No. 527 of 2000 which was dismissed by order dated 21.11.2000 (Annexure-2), and no relief was granted to the State of Bihar on merits except that the costs of Rs. 10,000.00 was deleted. The order became final. This was followed by the impugned order whereby respondent No. 2 has directed that the relief claimed for by the petitioner was only applicable to the aforesaid four places and, therefore, the. orders of this Court have been complied with. Hence this writ petition.

4. While assailing the validity of the impugned order, l