SINGHLA TRADING COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions are filed being aggrieved of the action of the Railway authorities in imposing stacking charges by the respondent nos. 3 and 4 upon the petitioners on the count of stocking of goods at platform/Railway siding. Petitioners' contention is that they are companies and are engaged in the business of transportation of goods and articles through Railway to various destinations. In the course of their business, petitioners are required to handle and transport goods and material and are regularly dealing with Railway authorities which is one of the major agencies involved in the movement of goods throughout the country.

(2.) It is submitted that for the aforesaid purposes, Railways have framed certain rules and issued circular from time to time. There are established trade practices. It is submitted that as per established practice, a party requesting the Railways submit indent to allot space along the railway siding/platform for stacking/stocking goods to be loaded in wagons. On such request, Railways provide space at the Railway siding/shed where on the stipulated days and time, stacking of goods takes place.

(3.) It is submitted that an option is always available to the party like the petitioners that if it is not possible for them to stock goods for transportation, then request for cancellation can be made and no charges are levied upon the party as the said space and period of time can be utilized and granted by Railway to any other party.