Calcutta High Court (Appellete Side)
Samadhan & Anr vs State Of West Bengal & Ors on 6 February, 2025
11
06.02.2025
Court No. 25
D.Hira
WPA 29833 of 2024
Samadhan & Anr.
Vs.
State of West Bengal & Ors.
Mr. Debrup Bhattacharjee,
Ms. Kakali Das Chakraborty.
... for the petitioners
Mr. Sankar Sarkar,
Ms. Tanusree Ghosh.
... for the respondents
The present case has been filed by the petitioners, who are parcel van/space operators with the respondent railways in terms of lease agreement entered into by them with the respondent. Allegedly, the petitioners face difficulty in carrying on their part of contract, not being granted liberty by the respondent, to operate from the railway platform.
Mr. Debrup Bhattacharjee, learned counsel appearing for the petitioners, submits that in terms of the Freight Marketing Circular No. 12 of 2022 his clients would be authorized for loading and unloading of consignments from the platform itself, at least to the extent of a stipulated weight.
He would refer to the earlier order of this Court passed in some other writ petition, in which the Court has directed platform loading of the consignments/ article/perishable goods to the extent of five tonnes, from Howrah Station.
Mr. Bhattacharjee, would further refer to an interim order passed in appeal being MAT No. 12 of 2023 2 dated February 3, 2023, by dint of which the Hon'ble Appeal Bench, while considering similar issues, has devised a process through which the operators may go and place their prayer for platform loading of perishable goods before the authorities. That, upon a specific prayer being made to the respondent authority and subject to consent of the respondent authority to that effect, the Hon'ble Appeal Bench has allowed platform loading of perishable goods, during pendency of the appeal.
Mr. Bhattacharjee would submit that an interim order of similar nature, may be passed in this case.
Mr. Sankar Sarkar, learned counsel is appearing for the respondents. He has raised serious objections to the prayer of the writ petitioners particularly on the ground of passenger safety.
Considering the rival submissions of the parties, the Court is of the opinion that previously, in a similar matter being WPA No. 21990 of 2022, the Court has directed vide order dated September 28, 2022, allowing the petitioner therein, to operate from the platform as regards the perishable goods consignments to the extent of five tonnes. Subsequently, the said order of the Hon'ble Single Judge has been challenged in an appeal being MAT 1202 of 2023. The Hon'ble Appeal Court vide its order dated February 3, 2023, has directed that upon consideration of and permission granted by the respondent authority upon prayer of the operator/s, on consignment to consignment basis, platform loading would be permissible, during pendency of that appeal. 3
In this regard, it is necessary that the relevant portion of the Hon'ble Appeal Bench's order dated February 3, 2023 be quoted as hereinbelow:-
"However, as an interim measure we order that on a consignment to consignment basis, the respondents shall be free to approach the appellant Railways with a representation that the cargo or a part of it is perishable in nature and that the whole or any portion thereof be allowed to be loaded into the wagons not beyond four hours of departure of the train. The representation may also include the necessary of loading the cargo from the platform.
If such request is made by the respondents not later than 12 hours before departure of the train the Railways shall consider it fairly, reasonably and within the shortest period of time, not later than 6 hours before the departure of the train in accordance with law, particularly the 2014 Parcel Van Leasing Policy."
Since in this case, as against the similar factual background and in view of similar nature of grievance of the writ petitioner, the Court finds no impediment, in extending similar benefit to the petitioner, during pendency of this case.
Hence, it is directed that the interim order dated February 03, 2023, in MAT 12 of 2023, shall be extended to and applicable to the writ petitioners in this case, until further order, in this regard.
Let the writ petition go out of list for the time being, with liberty to mention the same for enlistment.
(Rai Chattopadhyay, J.)