Ashim Kumar Banerjee, J. - (1.) In or about 1947, Bengal Assam Railway authorities (now known as Eastern Railway) granted a licence in favour of the respondents for setting up a cold storage on the railway land at Sealdah Railway Station to facilitate preservation of vegetable and other foodstuff being carried through railway transport. However, no formal agreement and/or specific licence was placed before us. Hence, we are unable to know the terms of the said licence.
(2.) By a letter dated 3rd May, 1947 the Chief Commercial Manager, Bengal Assam Railways (pages 49-50 of the Paper Book) asked the D8/CA to fix the licence fee and forward the structural plan of the said cold storage. Apart from the said letter no contemporaneous record could be produced by either of the parties for our perusal. Accordingly, the cold storage was constructed and the same was inaugurated on June 16,1948.
(3.) In 1976 enhance rent was demanded by the railway authorities. On 29th September, 1997 the licence was terminated for non-payment of fees. There had been series of discussions for an amicable solution. Ultimately, on November 22, 1994 a notice of eviction was issued by the railway authorities. The said notice was challenged by the respondents by filing a writ petition in this Court wherein this Court by an interim order directed the respondents to deposit a sum of Rs. 75,000/- on account of arrear licence fee. The said writ petition was ultimately disposed of by an order dated 30th June, 2000 wherein learned Single Judge gave liberty to the railway authorities to take necessary steps in the matter of eviction of the respondents in accordance with law.;