JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against the judgment of the Patna High Court dated 29-11-71 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 contractor employed by the railway or supplying food in the refreshment room at Kishangunj station. The last agreement signed with the contractor is dated 10-7-67, which expired on 10-7-70. Thereafter, a notice was given by the railway administration to the respondent for vacating the premises, and as he failed to do so, a complaint 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. The Magistrate accepted the application and directed the eviction of the respondent.

2. The respondent thereupon filed a writ petition in the high Court, mainly on the ground that S. 138 could not be invoked as the complaint was not made by an authorized person. It was alleged in the petition before the High Court that the complaint