SEN, J.

( 1 ) THIS appeal filed by the plaintiff is directed against the judgment and decree of the Senior Civil Judge, Gangapur dated 15th September, 1965, disallowing his claim against State Governments of Rajasthan and Madhya Pradesh for recovery of Rs. 1,73,165/- as price of 20,80,000 c. ft. sand alleged to have been supplied to the State Government of Madhya Pradesh.

( 2 ) THREE questions arise for consideration in the appeal, The first is, whether the mining lease dated 20-3-1957, Ex. 6, executed by the Mining Engineer, mines and Geology Department, Government of Rajasthan, Jaipur, for the extraction of sand (Bajri) from Rameshwar Ghat, was a contract in conformity with Article 299 (1) of the Constitution and, therefore, a valid and binding contract came into existence; secondly, if the mining lease was not valid or enforceable on the ground of non-compliance of Article 299 (1) the Mining engineer was not a person duly authorised to enter into a contract in the name of the Governor, the plaintiff was still entitled to recover the price of 20,80,000 c. ft. sand extracted from the leased area, on the basis of quantum meruit under Section 70 of the Contract Act; and th