KALPATARU AGRO FOREST ENTERPRISES (P.) LTD. Vs. UNION OF INDIA
LAWS(ALL)-2020-4-24
HIGH COURT OF ALLAHABAD
Decided on April 20,2020

Kalpataru Agro Forest Enterprises (P.) Ltd. Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Virendra Kumar, J. - (1.) Heard Shri Jai Kumar Srivastava, learned counsel for petitioner. None has appeared for respondents.
(2.) The petitioner has instituted present writ petition under Article 226 of the Constitution of India for seeking following reliefs: i) To issue a Writ, Order or Direction in the nature of Certiorari quashing the arbitrary orders dated 22.08.2006 (Annexure No.7), 15.09.2006 (Annexure No.10), 21.09.2006 (Annexure No.19), 27.10.2006 (Annexure No.16), and 17.11.2006 (Annexure No.17) passed by the opposite parties No. 4, 7 and 9 as contained in Annexures to this writ petition and also the clarification letter No.TCR/1078/2006/4 dated 27.10.2006 of opposite party No. 1 as contained in (Annexure No.20) to this writ petition. ii) To issue a Writ, Order or Direction in the nature of Mandamus commanding the opposite parties to allow the freight discounts and its consequential benefits retrospectively i.e. from the date of making the proposal as contained in Annexure Nos.2 to 6 with the writ petition in accordance with the Railway circular dated 22.03.2006. iii) To issue any other Order or Orders which are deemed just and appropriate in the nature and circumstances of the case in favour of the petitioner against the opposite parties. (iv) To allow the cost of the writ petition in favour of the petitioner against the opposite parties.
(3.) It is pleaded in the writ petition that on the basis of Freight Incentive Scheme circulated vide Cirular No. 25 of 2006 and Corrigendum vide Circular No. 31 of 2006, letter dated 28.03.2006 of Railway Board which has been annexed as Annexure No. 1(a) & (b), the Railway Board, Ministry of Railways has superseded the existing station-to-station rate schemes, Freight Forwarder Scheme, Premier Customer Scheme and Train Load Benefit Scheme vide rate Circular No. 25 of 2006 and formulated the comprehensive freight scheme mentioned in para-6 of the petition.;


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