( 1 ) ON the 17th February, 1964 Baijnath Sarda, the respondent herein, instituted. Title No. 5 of 1964 in the 6th Court of the Subordinate Judge, Alipore against the Union of India and the Chief Operating Superintendent, South Eastern Railway. The plaintiff's case as made in the plaint, is as follows:-The plaintiff is a mine owner and deals in minerals ores which he dispatches to various places in and outside India and that he was given a private siding of 200 ft. at Noamundi on the South Eastern Railway for the purpose of handling of Wagons meant for the dispatch of his goods. The plaintiff further stated that on an application being made on or about 8th April, 1959 for an extension of the said siding by at least 1000 ft. or more the defendants namely, the petitioners herein, had granted an extension by 250 ft. the plaintiff has asserted that the Railway Administration had agreed to extend the said siding by 650 ft. for which the plaintiff deposited necessary costs of preparation of plan and estimate but the said extension had not been granted. On the 19th of August, 1963 the Railway Administration issued a notice upon the plaintiff intimating that the sa