JUDGMENT

Rajendra Babu, J.-Leave granted.

2. The respondent filed a writ petition in the High Court contending that under an agreement he was appointed as an agent for collection of toll/taxes from vehicles plying over Matangini Setu on the Haldia River at Nargat in the district of Midnapore for one year from April 4, 1999 to April 3, 2000. The agreement between the parties provided for a clause as follows:-

"5. After expiry of one year the term may be extended provided that one month before expiry of such one year the agent shall by registered letter request the Executive Engineer concerned for such extension and provided that payment upto the date of such application have been received by the Executive Engineer regularly and there have been no default of any of the terms and conditions herein contained. The decision as to whether there has been any default or not on the part of the agency shall rest with the Executive Engineer, and shall be binding on the agent."

2. The respondent requested the Executive Engineer concerned for extension of the agency for a period of another one year in terms of clause 5 of the agreement having complied with the conditions stated therein. The appellan