Gurtu, J. - (1.) By virtue of Section 47(1)(f) of the Indian Railways Act, Act No. IX of 1890, as in force in 1946, every Railway Company and, in the case of a Railway administered by the Government, an officer to be appointed by the Central Government, in this behalf was empowered to make general rules consistent with the Act for, inter alia, regulating the terms and conditions on which the railway administration would warehouse or retain goods at any station on behalf of the consignee or owner,
(2.) By Section 47, Sub-section (3) of the same Act a rule made under Section 47 (1) would not take effect until it had received the sanction of the Central Government and had been published in the Gazette of India.
(3.) A rule was made under the above indicated power fixing warehousing charges at one anna per mound. Then subsequently the charge was increased to 3 annas per maund. The rule increasing the rate to 3 annas was not published in the Gazette of India and there is nothing to show that that rule was made by an officer appointed by the Central Government. The rule was published, however, in what is known as the Railway Gazette and it was also caused to be published in a local newspaper called "Sandesh" in the issued dated 22nd October 1949.;