GUPTA FUELS Vs. RAILWAY BOARD MINISTRY OF RAILWAYS NEW DELHI
LAWS(ALL)-2015-2-28
HIGH COURT OF ALLAHABAD
Decided on February 09,2015

Gupta Fuels Appellant
VERSUS
Railway Board Ministry Of Railways New Delhi Respondents

JUDGEMENT

RAKESH TIWARI, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioners have preferred this writ petition for quashing notice no. CS/JEA/33/9/14 dated 22.9.2014 issued by respondent no.4, Commercial Superintendent, North Eastern Railway Nakaha Jungle, Gorakhpur, whereby amounts of Rs. 2,24,815/ - and Rs. 29,293/ - were directed to be deposited by them as balance of the punitive charges at enhanced rates.
(3.) BRIEF facts giving rise to the instant writ petition are that the petitioners were engaged in the business of coal in the year 2004 and for that purpose they used the Indian Railways for carriage and consignments of the coal from Dhanbad to Nakaha jungle. The petitioners claim that nine invoices were clubbed together and one coal rake was booked ex -Kusunda (KDS) to Nakaha Jungle (JEA). They were weighed as per rules and regulations as prevalent on the date of booking on weighbridge at Katarasgarh and railway receipts were issued only after realization of punitive charges detected at the time of weighment. The aforesaid nine rakes were received at the destination station i.e. Nakaha Jungle and the delivery of the same had been given to the respective consignees as per rules and the punitive charges prevalent at that time were duly realized at the forwarding station itself.;


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