UNION OF INDIA Vs. S. R. FERRO ALLOYS

JUDGEMENT

(1.) This writ appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellants (hereinafter referred to as "the appellants-Railways") assailing the order dated 06.02.2020 passed by the learned Single Judge in W.P. No.1256/2018 (M/s S.R. Ferro Alloys vs. Union of India and others) whereby the writ petition filed by the present respondent (hereinafter referred to as "the writ petitioner") has been allowed.

(2.) The respondent-writ petitioner in the aforesaid writ petition challenged the demand letter dated 15.05.2017 (Annexure P-10) and calculation sheet dated 18.05.2017 (Annexure P-12) whereby demand was made towards punitive charge for alleged overloading of loose Manganese Ore transported through Railway from Meghnagar (Madhya Pradesh) to Baraduar (Chhattisgarh).

(3.) According to the case set up by the writ petitioner in the memorandum of writ petition, it was a Partnership Firm registered under the Indian Partnership Act, 1932. The writ petitioner-Firm was engaged in the business of mining and in that connection it has to transport loose Manganese Ore throughout the country through Railways. The writ petitioner received an order for supply of loose Manganese Ore from M/s Chhattisgarh Steel and Power Limited, Village Amjhar, Champa, District Janjgir (C.G.). The writ petitioner submitted a forwarding note on 10.05.2017, as required under Section 64 of the Railways Act, 1989 (for short "the Railways Act") to the Station Manager, Meghnagar mentioning therein the weight of loose Manganese Ore i.e. 2800 Metric Ton (MT) along with other necessary details for its transportation from Meghnagar to Baraduar Goods Station. The respondent-writ petitioner was permitted to load the goods in the Railway Rake by the Station Manager. The goods were transported from the mines at Kajli Dungari to the Railway Station Meghnagar from 10.05.2017 to 12.05.2017 for the purposes of loading in the Railway Rake and transportation. According to the writ petitioner, trucks were duly weighed by Tol Kanta installed at the site of the mine. The writ petitioner produced on record a chart with the dates, vehicle numbers, mineral, royalty books, slip number along with the quantity of the loose Manganese Ore transported by the vehicles. The Mining Officer, Jhabua permitted the petitioner to transport 2800 MT loose Manganese Ore and issued a certificate verifying the quantity of Manganese Ore i.e. 2800 MT with other details before transportation. The writ petitioner raised an invoice No.037(17-18) dated 12.05.2017 for sale of loose Manganese Ore weighing 2800 MT in favour of Chhattisgarh Steel and Power Ltd. (supra). Loading of 2800 MT goods was done in the wagons at Meghnagar Railway Station as per the rules and the requirement specified in that behalf by the Railways on 12.05.2017. The Station Manager issued a Railway Receipt No.212000253, as required by Section 65 of the Railways Act. According to the writ petitioner, Section 65(2) of the Railways Act contemplates that the Railway Receipt shall be prima facie evidence of the weight and the number of packages stated therein. The respondent-writ petitioner paid freight to the tune of Rs.39,66,177/- to the appellant for transportation of 2835 MT.