A writ of mandamus cannot issue to compel the authorities to remedy a breach of contract pure and simple.

Untwalia, C. J.

1. On 29-12-1971 the petitioner who was an unemployed Engineer was given a contract by the Superintending Engineer, Flood Investigation Circle, Muzaffarpur, for earth-work in Gupta Bundh from chain 340 to 427. This was in accordance with the policy laid down by the Government contained in Annexure 1. A copy of the agreement dated 29-12-1971 is Annexure 2. Work order was issued on the same day and a copy of this order is Annexure 3. The work was to be completed by 31-1-1972. According to the petitioners case he had completed the earthwork upto chain 382, when at the instance of some villagers an order of injunction was issued on 14-1-1972 in a title suit filed by them. The order of injunction was vacated by the trial Court on 19-2-1972 (Annexure 4 ). But in a miscellaneous appeal filed by the plaintiff again an order of injunction was made on 10-5-72. A copy of the appellate courts judgment is Annexure 5. A civil revision was filed in this Court, a copy of which application is Annexure 6. This civil revision (No.1125 of 1972) was allowed by a learned Judge of this Court on 22-1-1973. The injunction order was vacated. It is not necessary to refer to the letter of the Executive Engineer dated 19-1-1972 allotting work to one Karyanand Sahu. The main grievance of the petitioner in this writ application is that during the continuance of the injunction order he could not work and as soon as the injunction order was vacated by this Court on 22-1-73 he approched the authorities on 23-1-1973 for permitting him to complete the work, but they did not do it. On the other hand, by an advertisement published in the Indian Nation on 14-12-1972, a copy of which is Annexure 7, fresh tenders were invited including tenders in relation to Gupta Bundh. In this advertisement the earth work from chain 340 to 427 was also included. Tenders were opened on 4-1-1973 and ultimately a fresh contract was given to respondents 6 and 7. Thus the petitioners grievance is that arbitrarily he was not allowed to perform his part of the contract and complete it. Arbitrarily and illegally his part of the work was given to respondents 6 and 7. On these allegations the prayer in the writ application is "to declare the allotment order and the agreement in respect of the work in question in favour of Respondents 6 and 7 as ultra vires, void and illegal, and be further pleased to issue a writ in the nature of a writ of mandamus commanding the Respondents Nos.3 and 4 to grant adequate extension of time for completion of the work in question by the petitioner and honour, implement and act on agreement between the State Government and the petitioner at Annexure 2 and restrain the respondents from implementing and acting on the impugned agreement with Respondents Nos.6 and 7". Cause has been shown in this case on behalf of respondents 2 to 5, who are the Chief Engineer, Superintending Engineer, Executive Engineer and the S. D. O. , Tubewell, by filing a counter-affidavit and by the learned Standing Counsel No.3 at the time of the hearing of the writ application. A separate counter-affidavit has been filed by respondent 6 and his case was argued by the learned Advocate General. Mr. Basudeva Prasad appeared in support of the rule.

2. In the counter-affidavit filed on behalf of respondents 2 to 5 reasons mentioned for not allowing the petitioner to complete his contract and for giving a fresh contract to respondents 6 and 7 are to be found in paragraphs 4, 8, 9 and 13 of the said counter-affidavit. In nutshell the stand taken therein is that the petitioner had attempted to do piecemeal earthwork upto chain 382 and he had also been paid for that work. It is no doubt true that he did approach respondent 3 with an application on 23-1-1973 to allow him operation of the work under his agreement executed for the work of Flood Damage Repair to Gupta Bundh, but then that agreement was executed in pursuance of the Central grant whose fund and target period had al