Calcutta High Court (Appellete Side)
M/S. South Superfast Service vs Union Of India & Ors on 5 August, 2011
Author: Aniruddha Bose
Bench: Aniruddha Bose
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4 05.08.11. W.P. 12794 (W)_of 2011
ab
M/S. South Superfast Service
Vs
Union of India & Ors.
Mr. Amit Gupta
Mr. Anirban Hope ... For the Petitioners.
Mr. Bidyut Kumar Roy
... For Eastern Railway.
Though this writ petition has been listed today
under the heading "To Be Mentioned", the writ petition
itself is being taken up for hearing at this stage without
calling for any affidavit having regard to the limited nature
of the controversy involved in this writ petition.
The petitioners, who are an existing lessee in
respect of certain space in Parcel Van has been charged
with the allegation of overloading. The Railway Authorities
came to this finding on the basis of in-motion weighment
undertaken on 30th July, 2011 at the Shalimar yard. The
petitioners want the consignment to be re-weighed on a
stationary scale at the destination station. This is
permissible as per circular no. 51 of 2006 issued by
Railway Board, a copy of which has been annexed at page
47A of the writ petition. Let such reweighment take place
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within the period of 96 hours at the petitioners' costs in
terms of the said circular and on the basis of such
reweighment, the railway authorities and respondent no.
7 in particular shall take appropriate steps. Till reweighment in terms of this order is completed, the petitioners shall not be required to pay any penal charge and the question of payment of penal charge would come only if the allegation of overloading is confirmed by the reweighment process.
The writ petition stands disposed of in the above terms.
There shall, however be, no order as to costs. As a Special Case, let urgent photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Counsel for the parties on usual undertaking.
(Aniruddha Bose, J.)