DURGA TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition seeks writ of mandamus directing railway to give matching delivery against a consignment of coal booked by the petitioners, and which was instead diverted by the railways.

(2.) The petitioners booked a consignment of coal with the railways. It was booked on 23.1.83 from Jogigopha Station to Chandigarh, The consignment was admittedly not delivered to the petitioners. The matter was taken up by the petitioner with the Railways. On 14.7.83 the Area Supdt., Ambala Cantt., Northern Railway informed the Station Supdt, Chandigarh that the petitioners had approached the Area Office for getting matching delivery of the coal against BCXT which still had not reached its destination, which request was agreed to, but it was noted, that since no BCXT, was available it asked the party to take matching delivery of the wagons when available. Evidently, nothing seems to have been done because the petitioner followed it up with further reminder on 4.2.1984, to the Chief Freight & Traffic Supdt, respondent No. 2, requesting him to give matching delivery, which has not been replied to, and pointing out, that he was not interested in damages but in getting the actual coal, quantity and quality, in lieu of their coal utilised by the railways. This was followed with another letter on 24.8.84 complaining that no action has yet been taken and drawing the attention of the railways to the latest circular of 17.12.82 for giving matching delivery.

(3.) It transpires and it is so stated in the counter affidavit that the petitioner's wagon got unconnected and unloaded at Saharanpur and as its ultimate destination was not avail- able the same was delivered to M/s Mahabir Traders and justification given is that this was done because the unconnected wagon, i.e. of the Mahabir Traders had reached Nangal Dam and had been delivered to Nangal Fertilizers Ltd.