HAR PRASAD CHOUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by certificate against the judgment of the Madhya Pradesh High Court reversing on appeal the judgment and decree of the learned First Additional District Judge of Raipur.

(2.) In order to deal with the question that arises in this case it is necessary to set out the facts of this case at some length. It appears that slack coal in railway yards is sold to brick manufacturers. - In December 1946 at the Kumhari Station of the Bengal Nagpur Railway 1045 tons of slack coal were unloaded out of which 158 tons were used by the contractors who refused to accept the balance as unsuitable for brick burning. Because the slack coal cannot be used for any other purpose and was gradually deteriorating, the Chief Engineer of the Bengal Nagpur Railway wrote to the Coal Commissioner to issue a permit to sell 852 tons of slack coal lying at Kumhari station by public auction as no coal could be sold except with the permission of the Coal Commissioner and even the provision of railway wagons for the purpose of transporting coal had to be done under his orders. The Coal Commissioner granted the permission. The auction notice was published in many newspapers. The appellant, who belongs to Ferozabad in Uttar Pradesh, made an offer of Rs. 20,321/9/ and paid a deposit of Rs. 4100/-. It was accepted and in due course he paid the balance also.

(3.) He seems to have applied for allotment of wagons for transport of coal to Ferozabad on 3-12-48, as is evident from Ext. P. 72 written by the District Transport Officer of the Bengal Nagpur Railway, Bilaspur to the Deputy Coal Commissioner. Ext. P. 27 shows that the Provincial Iron and Steel Controller, United Provinces also wrote to the Deputy Commissioner (Distribution) to arrange for a suitable number of wagons for movement of coal dust from Kumhari to Ferozabad. The appellant also wrote on 4th March, 1949 to the Chief Engineer of the Bengal Nagpur Railway complaining that the Coal Commissioner had verbally refused permission to move the coal saying that it was to be locally consumed. The Chief Engineer had sent a copy of this letter to the Coal Commissioner with an endorsement pointing out that as no condition was imposed by him that the coal would have to be consumed locally at the time of granting permission for public auction, such a condition cannot be imposed now, and asked for supply of wagons for despatch of coal to Ferozabad. The Chief Engineer replied to the appellant in response to his letter of the 4th March that it had been sent to the Coal Commissioner with the endorsement referred to. This seems to have produced a very angry reaction from the Coal Commissioner as is apparent from Ext. D. 2. He replied that in the Engineer's letter asking for a permit for disposal of slack coal there was no mention or question of allotting wagons or stipulating that the coal must be used locally, and that no wagon allotment can or shall be made. Apparently, what the Coal Commissioner meant was that at the time of asking him for permission to sell the coal the Engineer had not said anything about allotting wagons or the coal not being used locally. However, the effect of this letter was a blanket refusal of any facility to move the coal to Ferozabad. That it also meant that the Coal Commissioner insisted upon the coal being used locally, would be apparent from further correspondence to be noticed hereafter.