( 1 ) THIS application and a number of applications have been heard together at) the involve a common question of law, namely the vires of a Central Act, namely the Public Premises (Eviction. of Unauthorised Occupants) Act. 1958 (32 of 1958) (hereinafter referred to as the "said Act" ). In this particular case, the facts are as follows. The petitioner holds a plot if land at Garden Reach, belonging to the South Eastern Railway. This plot was used by him for stacking and unloading coal, char-coal, fire wood etc. On 01 about the 19th November 1962 the respondent No. 2, the Deputy Ditector, Rail Movements. Railway Board, Calcutta, for and on behalf of the President of India served a notice to suit on the petitioner asking him to quit and vacate plot No 27 at Garden Reach occupied by the petitioner an area measuring more or less 1250 square feet, and deliver up varaij possession thereof by the 31st day of December 1962. The petitioner, instead of complying with the said notice, made an application before this Court on the 10th December. 1962 under Article 226 of the Constitution and a Rule Nisi was issued The said Rule came up for final hearing on the 10th September 1963