SAI BABA ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. M. Sarma, learned counsel appearing on behalf of the petitioner as well as Mr. B. Sarma, learned standing counsel, appearing on behalf of the NF Railways.

(2.) The facts for the instant case arising for determination is that one Sai Baba Salt Limited through M/s Decent Enterprises have booked 42 wagons purportedly loading 67120 wagons of Non-refined Iodized Salt in Halvad station which was to be delivered at Dibrugarh station. The said consignment was sent to one M/s Prakash Floor Mill A/c Deputy Commissioner. The railway receipt on which the said loading was done has been enclosed as Annexure-2 to the writ petition. It may be relevant herein to take note of that in the said Railway receipt the commodity description and the remarks have been mentioned is the same has relevance to the adjudication of the instant writ petition, the same is quoted herein below:

(3.) Before further delving upon the facts, it would be relevant to take note of the provisions of Sec. 65 of the Railway Act 1989, which is quoted herein below: