Document Fragment View

Matching Fragments

Learned counsel for the petitioner contends that the petitioner, being one of the consignors of goods in the Railways, has been facing undue hardship and loss of business due to existence of two Circulars of the Eastern Railways. The Circulars, respectively dated June 24, 2013 and July 01, 2013, it is contended, restrict the petitioner to load and unload goods to the rake of the trains provided to them on the previous day to the date of departure. It is submitted that the perishable goods, as per definition, shall perish/be damaged unless they are loaded/unloaded within close proximity of the time of departure. However, due to the existent situation, the petitioner is not being able to do so, thereby facing financial loss since even five tonnes of perishable goods are not being able to be loaded/unloaded.

Upon a primary consideration and upon hearing parties on the question of maintainability, it is evident that the bar of res judicata or principle akin thereto is not applicable to the present case, since the challenge before the Gauhati High Court was against the ultimate termination and blacklisting of the petitioner. One of the defences of the petitioner against such termination and blacklisting is that, due to existence of the impugned Circulars, the petitioner was not being able to do business in proper manner, insofar as the loading and unloading of perishable goods are concerned.

However, insofar as the present impugned Circulars are concerned, those were issued by the Eastern Railway squarely within the territorial jurisdiction of this court.

Hence, the objections as to maintainability are turned down.

However, the learned Advocate appearing for the Railway Authorities has raised a relevant question, by placing reliance on the Circular dated July 01, 2013, annexed at pages-118 and 118(A) of the writ petition, to the effect that the Howrah Goods Shed Siding for Eastern Railway trains are available for the purpose of loading and unloading, without creating any harassment or security hazard to the passengers boarding and alighting at Howrah station. The same could be availed of by the petitioner for loading/unloading perishable goods as well, it is contended.

At this, learned counsel for the petitioner controverts by submitting that the petitioner is not being allowed to use the said Goods Shed Siding on the same date as loading/unloading and to get the relevant rake attached to the departing train concerned on the same day, for which the said solution is not feasible.

Learned counsel for the respondents seeks two days' adjournment to take proper instruction with regard to whether the petitioner can be permitted to use the Goods Shed Siding for the purpose of loading/unloading at least five tones of perishable goods within a reasonable span of time prior to loading and unloading during the same day as departure of the train. Hence, the matter is adjourned till July 06, 2022, when it will be enlisted next under the same heading.