K P SONS KATNI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance in this petition under Article 226 of the Constitution is that a show of preference was made in favour of the petitioner by the Railway authorities in allotment of wagons for transporting lime from Jabalpur railway station but in truth the petitioner was subjected to a great disadvantage with a view to harm him.

(2.) THE petitioner is a partnership firm and carries on business of manufacture of lime at Katni. The petitioner also indents wagons for trans portation of lime from Jabalpur. The petitioner transports lime from Katni to jabalpur by trucks and then loads it in the wagons allotted by the railway for transportation to different places in India. Between 7th April 1981 to 28th April 1981 on various dates the petitioner indented for thirteen wagons as mentioned in Annexure- A. On 7th May 1981 the petitioner received information of release of ten covered wagons for loading lime. This order (Annexure- B) was issued on 6th May 1981 at 5. 50 p. m. The petitioner could not load the wagons, for, according to him, the wagons were supplied much out of turn and the petitioner could not be ready with goods for loading in the wagons. The petitioner complained on 7th May 1981 itself that the out of turn supply of wagons was with a view to harm the petitioner and such an action would encourage bribery and other illegal practices in the matter of supply of wa ons. The complaint made by the petitioner had no effect. The petitioner then filed the present petition for quashing the order allotting the wagons and for directing the respondents to keep the petitioner's indent alive and for restraining the respondents from indulging in the malpractice of giving mala fide priority out of turn in violation of the rules.

(3.) NOTICE for admission of this petition was issued to the respondents. In answer to the notice, return has been filed and the petition has been heard on merits.