( 1 ) THIS plaintiffs appeal is directed against the judgment and decree of the Second Additional civil Judge, Aligarh, dated 30-10-1974 dismissing the suit with costs.

( 2 ) THE appellant filed a suit against the U. P. State Electricity Board and Superintending engineer and the Executive Engineer, Harduaganj, district Aligarh, for grant of a decree for mandatory injunction. The suit was filed on the allegations that the U. p. State Electricity Board has a Steam Power Station at Kasimpur, known as Harduaganj Steam Power Station, in the district of Aligarh. In the process of working of the Power Station waste coal ash is discharged which is released by the authorities for sale to public. The appellant carries on business of sale of waste coal ash. On 12-9-1973 he made an application to the Superintending Engineer, defendant no. 2, for purchase of 500 truck load of waste coal ash equivalent to 1. 5 lac cubic feet of ash at the rate of 16. 25 per 100 cubic feet. The Superintending Engineer who was empowered to effect sale of the coal ash accepted his proposal, whereupon the appellant deposited a sum of Rs. 25,350 on 21-9-1973 towards the price of the coal ash with the