D.N. PATEL, J.

1. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P. (C) No.2696 of 2012 was dismissed by the learned Single Judge vide judgment and order dated 8th October, 2012 and hence, the appellant (original petitioner) has preferred the present Letters Patent Appeal.

2. Factual Matrix:

• Notice inviting tender for construction of godown at district Koderma was published by Food Corporation of India on 19th October, 2011.

• This appellant had offered for construction of the godown. The technical bids and financial bids were submitted which were opened by the respondent no.1 and this appellant was found to be lowest no.1.

• Whenever any financial aspect is involved, there is always a condition that offer shall be valid for a particular period. This condition may be imposed by an offeror or in the notice inviting tender itself.

• This condition has a direct nexus with inflation. Today’s condition for construction of the godown in rupees ‘X’ cannot be valid for one dozen years, because, the cost of construction is enhancing day by day.

• Looking to the condition in notice inviting tender which is a condition no.11 the offer of