1. Ranbir Singh Chadha filed a petition under Article 226 of the Constitution challenging the validity of the instructions issued by the Chief Commercial Superintendent (Rates) on 1-11-1957. This petition was dismissed by the learned Single Judge and the petitioner has now filed this appeal under Clause 10 of the Letters Patent.

2. The facts leading to this appeal are these. The petitioner imports white stone for manufacturing lime for chemical purposes from the quarries of A. Dean and Company situated in Dehra Dun district. In 1958 he placed an order with this Company to despatch one wagon load of this commodity to Delhi. The Railway Authorities classified it as marble ballast or chins and demanded freight on that basis. The importer, however, required it to be classified as lime stone and to be charged as such.

Admittedly the rate for marble ballast and chips is higher than those for lime stone. For this attitude, the Railway Authorities relied on the instructions issued on 1-11-1957. The petitioner thereupon filed this petition alleging that the commodity sought to be imported was in fact lime stone and further that the impugned instructions were discriminatory against h