STAR IRON WORKS PVT LTD Vs. EASTERN RAILWAY

JUDGEMENT

(1.) This is a writ application on the part of the writ petitioners in substance for preservation of their rights of exclusive user of a 12 foot wide gate. As indicated in a map in the Affidavit-in-Reply, the said gate happens to be exactly opposite a gate of the factory of the first writ petitioner.

(2.) The gate has been used by the same people from 1930 continuously until now and it was originally put up by the predecessor of the first writ petitioner. From 1966 the matter of exclusive user received some regular treatment in that a grant of an exclusive licence for 5 years was made in 1966 in favour of the first writ petitioner. Such grant of licenee continued until the expiry of the year 1985. The licence fee at that time was Rs. 100.00 per year.

(3.) It is the case of the respondent authority that by a letter dated 26/02/1986, the licence of the writ petitioner was in effect decided not to be further renewed. The service of that letter upon the writ petitioners is seriously disputed on the part of the writ petitioners.