This plea appears to have found favour with the High Court which allowed the writ petition and quashed the order of eviction.
Appeal by Special Leave from the Judgement and Order dated 29 11 197i of the Patna High Court in Writ Jurisdiction Case No.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave is directed against the judgment of the Patna High Court dated 29 11 1971 by which the High Court has quashed an order of the magistrate, directing the respondent to be evicted from the railway premises.
The appeal arises in the following circumstances The respondent was a companytractor employed by the railway for supplying food in the refreshment room at Kishanganj station.
Appearing in support of the appeal, Mr. U. R. Lalit submitted a short point before us.
93 of 1972.
Thereafter, a numberice was given by the railway administration to the respondent for vacating the, premises, and as he failed to do so, a companyplaint under s. 138 of the Indian Railways Act was filed by the Deputy Chief Commercial Superintendent N.F. Railway to the Sub divisional magistrate for passing an order in terms of s. 138 of the Railways Act.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The last agreement signed with the companytractor is dated 10 7 1967, which expired on 10 7 1970.
It was alleged in the petition before the High Court that the companyplaint made by the Deputy Chief Commercial Superintendent, was number maintainable, as it should have been filed by the Chief Commercial Superintendent, according to the provisions of the Railways Act.
P. Mukherjee, A. K. Ganguli and Mrs. E. Udayarathnam for the Respondent.
25/71.
The respondent thereupon filed a writ petition in the High Court, mainly on the ground that s. 138 companyld number be invoked as the companyplaint was number made by an authorized person.
The magistrate accepted the application and directed the eviction of the respondent.
R. Lalit and Girish Chandra for the Appellant.
