KAKATIYA OVERSEAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition is the action of the respondents in levying punitive charges of Rs. 70,52,584/- and rake detention charges of Rs. 7,25,700/- in respect of the consignment of quartz stone booked by the petitioner at Donakonda Railway Station to be delivered at Sukhinda Railway Station, Zajpur District, Orissa State. When the writ petition came up for consideration, it is contended by the learned Standing Counsel appearing for the respondents that the writ petitioner has a remedy by way of complaint to the Railway Rates Tribunal at Chennai under Section 36 of the Railways Act, 1989, (for short, 'the Act'). Learned Standing Counsel placed reliance on the judgments of Madras High Court in Gimpex Ltd. v. The General Manager, SCR, Secunderabad, A.P. and others, WP Nos. 41110 and 41138 of 2005, dated 2.1.2006; Calcutta High Court in Bhagaban Dey v. Union of India, 2010 AIR(Cal) 13; Rajasthan High Court in Rajasthan State Mines & Minerals Ltd. v. Union of India and others, 2009 AIR(Raj)(NOC) 250 and the judgment of the Supreme Court in Jagjit Cotton Textile Mills v. Chief Commercial Superintendent N.R. and others, 1998 AIR(SC) 1959. Relevant portion of the judgment of the Supreme Court needs to be noted and it is thus:

(2.) In that view of the matter, this writ petition is disposed of reserving liberty to the petitioner to approach the Railway Rates Tribunal, Chennai, by way of complaint as provided under Section 36 of the Act within 8 (eight) weeks. The interim order, dated 11.3.2010, passed in WPMP No. 7244 of 2010, shall remain in force for a period of 8 (weeks). No costs.