UNION OF INDIA Vs. MURALI MANAHAR ENTERPRISES

JUDGEMENT

(1.) The appeal is directed against the Judgment and order dated 1.8.96 passed by the learned Single Judge in Civil Rule No. 2626/92 whereby the learned Single Judge allowed the Writ Petition.

(2.) The Petitioner booked one rake and loaded the same with coal from New Guwahati to Hanumannagar, Rajasthan. According to the Petitioner ".. the goods were loaded on 26.10.92. In the New Guwahati Railway Station, the authorities weighed the wagons and on the basis of the net weight of coal after taking the weight of the wagons from the gross weight. The Petitioner was charged transportation charges amounting to Rs. 9,58,268.00 and the Petitioner paid the said amount." The goods were booked at the owner's risk and charges were made on the basis of the weight at new Guwahati Railway Station. The said rake was later on reweighedl at Rewari Railway Station in Haryana of the Northern Railways and found excess weight in some wagons whereupon the Petitioner was called to pay punitive charge for over loading.

(3.) The legality and validity of the aforesaid action was assailed in the Writ Petition. At the time of admission of this Writ Petition this Court passed an interim order directing the railways to release the wagons on furnishing indemnity bond with one surety.