MAHALAXMI INDIA PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Choudhury, learned Senior Counsel assisted by Mr. A.J. Hazarika, learned counsel for the petitioners and Mr. A. Dasgupta, learned Senior Counsel assisted by Mr S.C. Biswas, learned Standing Counsel, Railways for the respondents.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of the weighment carried out at Jogighopa Weigh Bridge on 05.07.2011 and to charge freight to the petitioner on the basis of railway receipts issued at Lukwa Railway Station without taking into consideration the weighment made at Jogighopa Weighbridge.

(3.) Case of the petitioners is that they had booked a consignment of coal in one rake consisting of 40 BC and BCNA wagons in the railways from Lukwa in the State of Assam to Mandi Govindgarh in the State of Punjab. Booking in this regard was done on 04.07.2011. The coal was loaded on volumetric basis as per marked height in the presence of railway officials. Weighment was not done in the originating station, i.e., at Lukwa. Railways on the basis of recorded weight totaling 2509 metric tons demanded railway freight for destination Mandi Govindgarh, which the petitioners paid, pursuant to which railway receipts were issued to the petitioners by the Station Master, Lukwa Railway Station, North-East Frontier Railway.