KAMTA PRASAD AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who carry on business as whole-sale dealers of fish have filed this writ application for a direction upon the respondents to forbear them from realising the charges by way of freight for the goods delivered to the petitioner Patna Junction Railway Station in absence of the railway receipt.

(2.) The contention of the petitioners, in short, is that Agents and Adhatias booked the perishable goods on payment of total freight at the booking station wherefor railway receipts are prepared in triplicate. writ application the petitioners have stated as follows :- Normally the guard of that train who carries the goods in the parcel van has to submit the Railway Receipts to the Station authorities at the time of delivery of the goods because he used to receive the goods for loading in the parcel van along with the RAILWAY receipts according to the Rail Receipts the guard has to deliver the said goods to the particular station to which the goods are booked.

(3.) A counter-affidavit has been filed on behalf of the railway administration it has been contended that the norms prescribed for delivery of perishable consignments is contained in Rule 961 of Vol. I of the Indian Railway Commercial Manual and the railway administration is merely enforcing the said provision. It has been stated that failure to comply with the said rules strictly, leads to loss and harassment caused to the railway administration and thus a communication dated 10-2-1992 as contained in Annexure B to the counter-affidavit had been issued whereby and whereunder all concerned had been asked to strictly comply with the aforementioned Rule 961.