HARSH TRANSPORT PRIVATE Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition, the petitioner has prayed for quashing and setting aside the impugned demand notices dtd. 24/3/2022, 24/5/2022, 8/6/2022 and 21/6/2022 issued by the respondent No.2 - Senior Divisional Commercial Manager, for demanding the alleged railway dues and illegally evocation of invoking Sec. 83 of the Railways Act, 1989 (for short, "the Act").

(2.) It is the case of the petitioner that the respondent No.2, by the notice dtd. 24/3/2022 had demanded a due freight charge to the tune of Rs.51,14,375.00. The petitioner has accordingly sent replies to the aforesaid notices. Lastly on 21/6/2022, the respondent No.2 has finally issued the demand notice asking the petitioner to pay the due charges to the tune of Rs.51,14,375.00. It is stated that the failure to pay such due charges will result into invoking of Sec. 83 of the Act.

(3.) Learned advocate for the petitioner has submitted that the action of the respondent No.2 asking the petitioner to pay the aforesaid freight charge, is illegal and the same is required to be quashed and set aside. It is submitted that the respondent No.2 has erred in not considering and ignoring the crucial facts that the booking of the vessel for his transport was made by him for the days starting from 27/12/2020 to 30/1/2021 and before this date of booking, no change or extra charge in the freight rate was communicated to the petitioner and hence, the respondents cannot call upon the petitioner to demand the extra dues. It is submitted that undercharge raised and demanded by the railway administration is completely on false basis and is disputed by the petitioner. Learned advocate has further submitted that the petitioner has been valuable customer of the railway authorities and is generating revenue through his transactions and such fact could not have been ignored. It is submitted that seizing of their material will effect their business on day-to-day basis and cause irreparable loss and hence, the impugned notices may be set aside.