N. Y. HANUMANTHAPPA, J.

( 1 ) THE question for consideration in this writ appeal s whether a writ can be issued in a matter which is purely contractual in nature not arising out of a statute nor depriving any fundamental right nor even a discriminatory order. This question has been answered not in one case but in a catena of decisions of both the Supreme Court and the High Courts.

( 2 ) BEFORE answering this question, it is appropriate to narrate a few facts which gave rise to this appeal. The appellant is a contractor. The 2nd respondent herein, viz. , the Chief Engineer, National Highways, Errum Manzil, Hyderabad put up for auction the annual rights to collect toll fee at Kanakadurgamma varadhi across the river Krishna for the period from 1-4-1992 to 31-3-1993. The appellant-petitioner was the highest bidder and he offered a sum of Rs. 1,07,15,000. 00. The same was accepted by the 2nd respondent. The Government by its order in G. O. Rt. No. 278, Transport, Roads and Buildings (Roads-II-I) Department dated 23-3-1992 accepted the said recommendations of the Chief Engineer, the 2nd respondent herein. The same was confirmed by the 2nd Respondent and the right of collection of toll fe

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