NIRMAL TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether the railway administration has unfettered power to re-weigh goods booked with the railways enroute behind the back of the consignee or endorsee in exercise of their powers under Section 78 of the Indian Railways Act and whether the railway administration has also unbridled discretion under Section 79 of the said Act not to re-weigh, on the request of the consignee or endorsee, such a re-weighed consignment are the two moot questions, which this writ petition has raised.

(2.) In the above backdrop, the case of the petitioner needs to be considered. Petitioner's case, briefly stated, runs as follows :

(3.) At the time of issuing notice of motion on 6-12-99, this Court, it appears from the record, passed an interim order directing the respondents to re-weigh the Wagons at any Railway Weight Bridge including Laskar Railway Station at the cost of the petitioner and after such re-weighing, whatever is found due to the railways shall be paid by the petitioner and thereafter, the coal, in question, shall be released in favour of the petitioner, the re-weighing, so directed, being subject to the deposit of a Bank Guarantee for an amount of Rs. 25,26,772.00 aforementioned.