S. C. MOHAPATRA, J. This is an appeal by defendants against an order of temporary injunction against them in a suit for permanent injunction. 2. Plaintiff is a partnership firm carrying on business as works con tractor. Pursuant to invitation of tender in June, 1993, it submitted a tender for the work of digging and filling of lower Rajghat canal. Plaintiff deposited the required earnest money and on opening of tender on 24-7-1993, it was found to have offered the lowest rate. When plaintiff was not given the work order, it has filed the suit for permanent injunction against defendants. Contractor carrying on business for profit maximum, plaintiff has lost some profit on account of breach of contract. He cannot claim damages and, accordingly, a partnership firm carrying on business of work on contract can not be said to have irreparable injury in case there is breach of contract as claimed by plaintiff. 3. Case of defendants is that on 24-7-1993 itself tender was cancelled and there is no scope for issue of work order to plaintiff. 4. Execution of work with profit motive is a contract. In case after inviting offers from intending person, such offer is not accepted, person suffer ing may be entitled to a damages. We fail to appreciate how the authority inviting tender can be compelled to accept the offer and permit plaintiff to work. 5. When offers are invited, person offering does not know that his offer would be accepted. There may be circumstances, when even the lowest tender may not be accepted. Therefore, normally in matter of contract where a person carries on business for profit, temporary injunction either not to entrust the work to another or to entrust the same should not be granted unless strong exceptional case is made out in support of irreparable injury. This is not such a case and learned trial Judge has not kept the principle in mind for which impugned order has become vulnerable. 6. Perusal of the plaint discloses that plaintiff has asserted mala fides against some officers and has also alleged political pressure not to allot the work to it. There can be no iota of doubt that executive action is to be fair and impartial in best interest of the State. 6. Perusal of the plaint discloses that plaintiff has asserted mala fides against some officers and has also alleged political pressure not to allot the work to it. There can be no iota of doubt that executive action is to be fair and impartial in best interest of the State. If the plaintiff would have disclos ed name of the persons who acted with mala fides and in case plaintiff would have disclosed names of person who put political pressure and names of persons on whom political pressure was put, we would have directed a specific issue being settled in the suit so that partner of the plaintiff and other witnesses who would have stated facts on oath, would have faced prosecution in case learned trial Judge would have found the oath to be misutilised. Similarly, State Government which has no living mind and which acts through individual could proceeded against those officers departmentally for ill-reputing a democratic State Government by their mala fides and succumbing to political pressure if learned trial Judge would have accepted statements on oath. In case, executive Government is desirous of a clean administration for the people, of the people and by the people, we hope that partners of plaintiff shall be called upon to disclose facts within their knowledge on basis of which fair enquiry should be conducted to bring the offenders book be they Govern ment officials or plaintiff. 7. Opinion of the District Government Counsel (Civil) has been pro duced in this case. Under what circumstances between communication between lawyer and his client is produced, requires probe and those whose have advised to produce such document in court should be called upon to explain to the State Government justifying their advice, Authorities should keep in mind that a stitch in time saves nine. 8. All courts should keep in mind that judiciary is not a superior executive sitting in appeal against executive action. Learned trial Judge has not kept in mind that digging of canal is a development executive action for benefit of rate payers. Any interference by judicial direction is likely to affect delay development itself. Therefore, while protecting individual interest of plaintiff, he should have balanced the inconvenience of the executive. This aspect has been ignored. 9. Learned trial Judge has not kept in mind that digging of canal is a development executive action for benefit of rate payers. Any interference by judicial direction is likely to affect delay development itself. Therefore, while protecting individual interest of plaintiff, he should have balanced the inconvenience of the executive. This aspect has been ignored. 9. On perusal of the impugned the judgment we find that the court was inclined to hold that when tender was opened, there was already an instruction that the same has been cancelled and Executive Engineer not to act upon invitation of the tender. Whether it is correct or not the fact can be consider ed in the suit. It is found by the court that one officer has already been suspen ded on that account and enquiry has been instituted. However, learned trial judge appears to have been influenced by the facts that about six lakhs rupees of plaintiff has remained in deposit, which would accrue interest and will be burden on State Exchequer. It at all the interest is not paid to plaintiff on account of illegal detention of earnest money the officers responsible for the same can be called upon by State Government to pay the same. It would not be a ground for prima facie case or for balance of convenience or even for irreparable injury in a case where suit is based on breach of contract. 10. Further, dealing with the matter may affect either of the parties. Therefore, we are not going into the merit of the assertions of the plaintiff at this stage. It would be considered in the suit itself on the facts to be proved. We are satisfied that three conditions for grant of temporary injunction have not been made out by plaintiff. Accordingly, trial judge was not correct in directing defendants to act upon the tender, which appears to be lowest. Trial court has directed that fresh tender shall not be invited until decision of the suit. It appears that learned trial Judge has not kept in view that digging of canal is development work of the State and court should not arrest such development of work, which would be detrimental to the public at large. Trial court has directed that fresh tender shall not be invited until decision of the suit. It appears that learned trial Judge has not kept in view that digging of canal is development work of the State and court should not arrest such development of work, which would be detrimental to the public at large. As regards other directions, we have already made it clear that they may come within domain of breach of contract for which plaintiff shall be entitled to the compensation in case plaintiff frames the suit for such relief. 11. In result, impugned order is reversed and appeal is allowed with costs. Application for temporary injunction is rejected. Hearing fee is assessed at Rs. 1,000. Appeal allowed. .