Calcutta High Court (Appellete Side)
M/S. South Superfast Service & Ors vs Union Of India And Others on 22 March, 2013
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 10 22.03.13
W.P. 8787 (W)_of 2013 nb ab M/s. South Superfast Service & Ors.
Vs Union of India and Others.
Mr. Amit Gupta Mr. Debrup Bhattacharjee ... For the Petitioners.
Mr. Anirban Dutta ... For the Railways.
The writ petitioners seek reweighment of certain consignment loaded in parcel van in respect of which they have obtained lease. The consignment reached the Howrah Station by Train no. 11448 Down, and was weighed at the in-motion weigh bridge at Shalimar Yard, and was found to have exceeded permitted weight by 2.75 tonnes.
Mr. Gupta, learned counsel appearing for the petitioners has relied on a Circular issued by the railways bearing no.51/2006, in which such reweighment at the destination station has been contemplated.
There is no dispute about the validity of that circular and no case has been made out on behalf of the railways that the circular is not applicable at present.
In these circumstances, I direct the concerned officer of the railways to conduct rewieghment of the goods which is subject of controversy in this proceeding by 26th March, 2013 at the cost of the petitioner.
Charges shall be paid on the basis of such reweighment and if it is found the consignment to have exceeded the permitted weight, 2 then appropriate steps shall be taken by the railways in accordance with law.
The demand of the railways for penalty shall be kept in abeyance till such reweighment is done, and depending upon the outcome of such reweighment, the question of penalty shall be addressed to by the railways.
With this direction, the writ petition stands disposed of in the above terms.
Since this writ petition is being disposed of without calling for any affidavit, to which arrangement learned counsel for the railways has agreed to, allegations made in the writ petition shall be deemed to have not been admitted.
No order as to costs.
As a Special Case, let urgent photostat plain copy of the order duly countersigned by the Assistant Registrar (Court) be given to the learned Counsel for the parties on usual undertaking.
(Aniruddha Bose, J.)