1. Heard.

2. State had invited tenders for earth work, construction of outlet, repair and renovation of structure of Koilwar Distributory under the Sone Canal Division, Ara, Bhojpur. In the tender document, rate of work was specified. This tender was issued in 2004. Petitioner filed his tender accordingly stating that he was ready to do the work at 15% below estimated rate. His tender was accepted and he was given work order. While doing the work, the rainy season intervened and consequently the canal got filled up with water hampering progress of the work. Petitioner requested and was granted extension. Authorities wanted to verify the extent of work done but were informed by the authorities on site that the same was not possible till the water receded. These showed the difficulty in executing the work. The Executive Engineer, who signed the agreement and was responsible for execution thereof also recommended from time to time that the petitioner should be granted time upto December, 2007 to complete the work. Obviously, there was default on the part of the petitioner in completing the work in time, which had already necessitated extension. Notwithstanding recommendation s