DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against an order dated December 19, 2011 passed by the respondent no.2 disallowing the petitioner-company from parting with the private siding on railway line with co-users under clause 15(b) of the agreement dated March 2, 2007.
(2.) Affidavit-in-opposition be filed within four weeks from date. Reply thereto, if any, be filed within one week thereafter. Liberty is given to mention the matter before the appropriate Bench for early hearing.
(3.) Upon prima facie consideration of the facts and circumstances of this case, I find that the grounds for disallowing the petitioner-company from parting with the land in question for use of co-users are as follows : 1) The siding owner was able to offer committed traffic to railways as per traffic commitment with railways. 2) The siding did achieve regular status since the pending works had been completed as per approved plan etc. 3) Railway was at loss by extending such co-user permission since the third party can always load their materials at nearby railway terminals.;