DALAL AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India against the General Manager Western Railway Bombay the Area Superintendent Western Railway Ahmedabad and the Chief Commercial Superintendent Western Railway Ahmedabad.

(2.) The grievance of the petitioner is that until the issue of a notice by the Chief Commercial Superintendent till March 1961 if goods booked by the Railway were made available after 17 hours or 5 P. M. on any day they were treated as available for delivery on the next day and under the rules relating to free time the consignee was allowed free time of two clear days excluding the day on which the goods were placed in position for unloading. Under the Wharfage and Demurrage Rules when goods consigned are ready for being unloaded and are made available for delivery certain amount of time is given as free time. The grievance of the petitioner is that after the issue of the notice by the Chief Commercial Superintendent in March 1961 goods made available for delivery upto 20 hours on any day at the three stations mentioned in the notice namely Ahmedabad Asarva and Kankaria would be treated as available for delivery on that day and the free time allowed was only the day following. According to the petitioner under the previous practice the goods were treated as available for delivery on the next day and therefore the consignee got not only the next day but the day following that. It is the grievance of the petitioner that as a result of the notice issued by the Chief Commercial Superintendent they are put to great hardship because in respect of certain consignments they were formerly getting two full days as free time but after the circular they would get only one day as free time. The petitioner therefore prays for a writ to quash the notice issued by the Chief Commercial Superintendent which read as follows :-

(3.) Ahmedabad Asarwa and Kankaria.