Calcutta High Court (Appellete Side)
M/S Suvidha Superfast Service & Ors vs Union Of India & Ors on 19 August, 2011
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 8 19.08.11
. W.P. 13587 (W)_of 2011 ab
M/S Suvidha Superfast Service & Ors.
Vs Union of India & Ors.
Mr. Amit Gupta Mr. Anirban Gope ... For the Petitioners.
Mr. Bidyut Kumar Roy Ms. Aparna Ghosh ... For the Railways.
The writ petitioners are operating as transporter of goods in Train No. 11447 under a lease agreement. The capacity of the petitioners' consignment as per the said agreement is 23 tonnes. There is allegation of carrying excess weight against the petitioners through a process known as in-motion weighment. The writ petitioners want the consignment to be re-weighed in a stationary weighing scale in terms of Circular No. 51 of 2006 issued by the Railway Board under the Ministry of Railways.
Let such reweighment take place at the petitioners' own cost in terms of the said circular. In the event such reweighment reveals carriage of excess weight, the writ petitioners shall be entitled to release the goods on payment of penalty as per law. If such reweighment does 2 not reveal carriage of any excess weight, then the consignment shall be released without any further objection. Let such reweighment take place by 25th August, 2011 upon notice to the petitioners. Upon removal of the goods for reweighment, the petitioners shall be entitled to operate as per the lease agreement.
The writ petition stands disposed of in the above terms.
Since this writ petition is being disposed of without calling for any affidavit, the allegations made in the writ petition shall be deemed to have not been admitted.
There shall, however be, 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.)