P.K. Banerji, J.

This writ application is directed against an ORDER :dated 27.3.1971, passed by the Sub-divisional Magistrate, Kishunganj under the provisions of Section 138 of the Indian Railways Act (hereinafter to be referred as the Act) directing the petitioner-contractor of the Railway Refreshment Room at Kishunganj railway station to vacate the Refreshment Room there within a period of 15 days from the date of the ORDER :failing which the local police was directed to get it vacated and take possession and hand over the same to the Station Master, Kishunganj Railway Station. The ORDER :was passed on a petition filed on behalf of the Union of India through the Deputy Chief Commercial Superintendent, N. F. Railway, Maligaon, Gauhati. The prayer is to issue an appropriate writ quashing the ORDER :aforesaid dated the 27th March, 1971 (Annexure 2) on the grounds stated in the petition.

2. The petitioner's case is that he entered into an agreement with the President of India represented by his duly constituted delegate in the matter arid the agreement was renewed from time to time, (the last renewal being on the 10th of July, 1967) for a period of three years. By that agre