The judgment of the court was delivered by

GULATI, J. - This is a petition under article 226 of the Constitution. The petitioner is a partnership firm which carries on business of automobile engineers and of running a service station and a workshop at Lucknow in the firm name of M/s. Bajoria Halwasiya Service Station. On 12th March, 1968, the petitioner entered into a contract with the Deputy Director of Agriculture, U.P., to fabricate and supply two steel bus bodies on chassis to be supplied by the Deputy Director for a lump sum of Rs. 4,100 plus sales tax or each bus body. The bus bodies were to be manufactured in accordance with the specifications and with the materials specified in the memorandum of specifications annexed to the agreement. The bus bodies were also required to be fitted with certain accessories like number plates, reflectors, light and electric bells, water-proof tarpaulins etc. The contract was to be executed by a specified date and the payment was to be made to the petitioner after a certificate of fitness had been furnished from the transport department of the Government.

In due course the petitioner executed the contract and received payment under i