M/S. KALPATARU AGRO FOREST ENTERPRISES PRIVATE LTD. Vs. THE UNION OF INDIA AND OTHERS
HIGH COURT OF GAUHATI
M/S. Kalpataru Agro Forest Enterprises Private Ltd.
The Union Of India And Others
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PRASANTA KUMAR DEKA, J. -
(1.) Heard Mr. G. N. Sahewalla, the learned Senior Counsel, assisted by Mr. M. Sahewalla, the learned counsel for the petitioner as well as Mr. B. Sarma, the learned Standing Counsel, for the respondents Railways.
(2.) Based on the request of the present petitioner, the respondent railway vide Rate Circular No.41/2008 dated 13.08.2008 accorded to grant 20% freight concession (rebate) on Normal Traffic Rates (NTR) on bamboo traffic booked from N.F. Railway in empty flow direction by M/s. Kalpataru Agro Forest Enterprises Private Ltd., the petitioner herein along with 2 (two) other bamboo merchants on certain terms and conditions. The said grant as per the said Circular No. 41/2008 remained effective from 23.08.2008 up to 22.02.2009. Vide letter dated 20.10.2008, the respondents railway informed the present petitioner thereby modifying one of the conditions in the said Circular No. 41/2008 dated 13.08.2008 and the same is reproduced hereinbelow:-
In reference to the above, it is to inform you that 20% freight concession on Bamboo traffic have been granted for three parties, i.e., M/s. Rahul Enterprises, M/s. Bharat Bamboo and Timber Suppliers and M/s. Kalpataru Agroforest Enterprises under RC/No. 41/2008. It has been clarified that Bamboo Merchants other than the three parties mentioned above are eligible for availing concession under provision of this circular. The Rail users who are eligible for concession under Rate Circular No. 41/2008 but did offer any loading in the corresponding period of previous year, would be eligible for granting 50% discount of the prescribed rates."
(3.) Vide letter dated 19.11.2008, the respondent railway further clarified the position which was already recorded in the letter dated 20.10.2008, following which the railway authority asked the present petitioner to amend certain stipulations in the agreement already submitted by the present petitioner in order to modify in the said agreement the modifications of the said Circular No. 41/2008. It was further intimated to the present petitioner asking it to be present in the office of the respondents with 2 (two) copies of nonjudicial stamp papers of Rs. 50/- each for execution of the agreement. The present petitioner failed to sign such modified agreement. The petitioner started loading bamboo for despatching it to the destination beyond the State of Assam, i.e., in the empty flow direction and against that the N.F. Railway had earned revenue in the form of freight charge.;
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