Judgment

ALAGIRISWAMI, J.:- This is an appeal by certificate against the judgment of the Madhya Pradesh High Court reversing on appeal the judgment and decree of the learned First Additional District Judge of Raipur.

2. In order to deal with the question that arises in this case it is necessary to set out the facts of this case at some length. It appears that slack coal in railway yards is sold to brick manufacturers. - In December 1946 at the Kumhari Station of the Bengal Nagpur Railway 1045 tons of slack coal were unloaded out of which 158 tons were used by the contractors who refused to accept the balance as unsuitable for brick burning. Because the slack coal cannot be used for any other purpose and was gradually deteriorating, the Chief Engineer of the Bengal Nagpur Railway wrote to the Coal Commissioner to issue a permit to sell 852 tons of slack coal lying at Kumhari station by public auction as no coal could be sold except with the permission of the Coal Commissioner and even the provision of railway wagons for the purpose of transporting coal had to be done under his orders. The Coal Commissioner granted the permission. The auction notice was published in many newspapers. Th