Calcutta High Court
Madhu Transport Company Pvt. Ltd. & Anr vs The Union Of India & Ors on 17 June, 2008
Author: Aniruddha Bose
Bench: Aniruddha Bose
WP No. 956 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
MADHU TRANSPORT COMPANY PVT. LTD. & ANR.
Versus
THE UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE
Date : 17th June, 2008.
The Court : Liberty is granted to the petitioners to file
supplementary affidavit. Let the same be kept with the records. Let copy
of the same be served on the learned Advocates for the respondents.
The controversy in this writ petition relates to allotment of rakes to the petitioners by the South Eastern Railway for transportation of certain goods between Jaruli, in the State of Jharkhand and Paradeep in the State of Orissa. Earlier, there was controversy about non-allocation of rakes and a writ petition being W.P. No.366 of 2008 was moved before this Court and the order passed in the said writ petition was carried in appeal. The Hon'ble Appeal Court was pleased to dispose of the appeal, on submission made by the learned counsel appearing for the Railways that the direction issued on March 25, 2008 had already been complied with by the railway authorities. This direction relates to allocation of rakes only.
It appears that subsequent to the passing of the order by the Hon'ble Appeal Court, rakes had been allotted in favour of the writ petitioners, but there is still arrear in such allocation. In the instant 2 writ petition, Mr. Sengupta, learned counsel appearing for the petitioners, prays for allotment of such arrear rakes.
In the supplementary affidavit filed today, a statement has been given in ananexure P-14, from where it appears that there is an arrear in allocation of 25 arrear rakes.
Mr. Banerjee, learned advocate appearing for the railway authorities, prays for time to file the affidavit in opposition. His further submission is that the time for allocation of the rakes has already lapsed.
That aspect of the matter has to be examined on filing of affidavits. In the meantime, let the railway authorities allot the rakes in favour of the petitioners, which are admittedly arrears as per the records of the railway authorities themselves.
Let affidavit in opposition be filed by three weeks from date. Reply may be filed within two weeks thereafter. The matter will appear after six weeks.
Parties shall act on photostat signed copy of this order on the usual undertakings.
(ANIRUDDHA BOSE, J.) tk