1. - In this petition under Article 226 of the Constitution of India, the petitioner, Prithvi Raj Pungalia is seeking a writ of mandamus to restrain the respondents from realising a sum of Rs. 1,03,957/-from the petitioner on account of compensation in pursuance of the order dated May 6, 1972 passed by the Chief Engineer, PWD (B&R.), Rajasthan, Jaipur, respondent Nos. 2 herein, and the order dated June 1, 1972 passed by the Executive Engineer, PWD (B&R),Jaipur, respondent No 3 herein.

2. The petitioner is a contractor and he had submitted a tender dated December 14, 1970 for Rs. 9,87,592/- for widening the National Highway No. 8 from Km 104, 55 to 140 The said tender of the petitioner was accepted by the Governor of Rajasthan on February 4, 1971 and respondent No. 3 by his letter dated 15-2-1971, informed the petitioner t tat his tender had been accepted "on behalf of the Governor of the State of Rajasthan" and the petitioner was directed to start the work at once and complete the same within a period of 18 months. In the said letter which was signed by respondent no 3 "on behalf of the Governor of State of Rajasthan", it was stated that the letter of acceptance together wi