Heard learned counsel for the petitioner, learned counsel for the Bihar Industrial Area Development Authority and learned J.C. to A.A.G. IX for the State.

2 The petitioner seeks a direction upon the Executive Director, Bihar Industrial Area Development Authority (Respondent No.4) to allow him to execute the work of construction of compound wall at Industrial Area, Maranga, Purnia in the capacity of being the lowest bidder as per advertisement dated 3.2.2008 (Annexure-1), and further not to act pursuant to the subsequent open bid for the same set of construction work advertised on 24.2.2008 (Annexure-1/A).

3. The petitioner alongwith the other contractors applied against notice inviting tender published in daily newspaper "Hindustan" dated 3.2.2008 (Annexure-1). The petitioner was declared successful and on the financial bid being opened, he was found as the lowest tenderer having offered to work at the rate of .01 per cent less than the bill of quantity rates whereas the other tenderer had agreed to work at the bill of quantity rates. It is the admitted position that thereafter the authorities of the Bihar Industrial Area Development Authority (in short "BIADA") entered into neg