SAKTI NARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above Rules, along with others, were heard together by consent of parties as the points involved in these or the challenges as thrown were the same. It was also agreed by the learned Advocates appearing that arguments in Civil Rule No S. 1194 (W) of 1979, 1187 (W) of 1979, 1199-93 (W) of 1979, 1195 (W) of 1979, 2575-80 (W) of 1979, 2583 (W)-89 (W) of 1979, 2773-27740/v) Of 1979, 2776-2777 (W) of 1979 and 1235 36 (W) of 1979, would be advanced by the learned Advocates appearing for the petitioners in the respective Rules and thereafter the learned Advocates for the Respondents would give their replies in the respective cases. All these Rules, in the facts as mentioned above were analogously heard as group cases and it was also agreed at the Bar that all other Coal matters as in the list, would have or follow the same arguments and in fact no separate argument would be advanced. There is also no dispute that the relevant and material facts in issue in these Rules, so also the points involved or germane for consideration are the same.

(2.) THE petitioners are traders in Coal and Commission agents for the same and have stated to be carrying on the business of supplying Coal and Coke in different parts of India through Railways in "smalls" i. e. less than wagon loads. It has been stated that the supply of coal and coke in the manner and for the purposes as mentioned above, would be economic and advantageous through Railways apart from the fact that loading and unloading of such articles through or on rails would be the most convenient system.

(3.) THEY have claimed that under section 27 of the Indian Railways Act (hereinafter referred to as the said Act), which deals with the duties of the Railway Administration for receiving and forwarding traffic without unreasonable delay and without partiality and which is to the following effect :- (1) Every railway administration shall, according to its powers afford all reasonable facilities for the receiving, forwarding and delivering of traffic upon and from the several railways belonging to or worked by it and for the return of rolling-stock. (2) (Omitted.) (3) A railway administration having or working railways which form part of a continuous line of railway communication, or having its terminus or stations within one kilometer of the terminus or station of another railway administration, shall afford all due and reasonable facilities for receiving and forwarding by one of such railways all the traffic arriving by the other at such terminus or station, without any unreasonable delay, and without any such preference or advantage or prejudice or disadvantage as is referred to in section 28 and so that no obstruction may be offered to the public desirous of using such railways as a continuous line of communication, and so that all reasonable accommodation may by means of such railways be at all times afforded to the public in that behalf. (4) The facilities to be afforded under this section shall include the due and reasonable receiving, forwarding and delivering by every railway administration, at the request of any other railway administration, of through traffic to and from the railway of any other railway administration at through rates : provided: as follows :