(1.) The petitioner despatched salt in 59 box wagons to Kolkata by railway under four railway receipts being dated 16th November, 2009. All the four consignees re-endorsed the said railway receipts in favor of the petitioner. The petitioner, from time to 2 time enquired from the railway authorities regarding arrival of the consignments.
(2.) In or about 21st November, 2009, the petitioner was surprised to learn that on the basis of a purported weighment of the said 59 wagon during movement at Waria Station, the respondent found that there has been mis-declaration as to weight and found that the contents are having an excess weight of 161.79 MT. On the basis of such excess weight, a demand for under charge amounting to Rs.11,92,233/- was raised.
(3.) The petitioner did not accept the said demand of the railway authorities and instead requested the authorities concerned to re-weigh the same in the presence of the petitioner. The respondent authorities refused to re-weigh the same and instead after permitting the petitioner to take delivery of 44 boxes illegally detained delivery of 15 boxes to realise the said amount by selling the same in a public auction. This has resulted in filing of the present writ application. Mr.Ramesh Chowdhury, learned advocate for the petitioner submits that once the petitioner raises a dispute with regard to the weighment the railway authorities are duty bound to reweigh the said consignment in presence of the petitioner. That the said weighment at Waria Station was done without notice to the petitioner is not in dispute. 3 It is argued that no demand could be raised on the basis of such unilateral weighment of the consignment, Mr.Chowdhury relied upon the following decisions for the proposition that in the event the railway authorities are required to weigh the same they can only do so after giving adequate notice and in presence of the petitioner.