- (1.) COMMON questions are involved in all these rules and the relief's prayed, for are the same. These rules have all been heard together as prayed for by the parties.
(2.) THE petitioners are traders in coal and coke. They have to despatch coal and coke through railways from, one part of India to the other. On April 2, 1972, restrictions on booking of coal in wagon loads from stations other than colliery sidings were imposed by the railway Board. The Central Government amended Rule 302 (1) (a) of the good's Tariff No. 33 Part I issued by the indian Railway Conference Association. The alphabetical list of railway stations in India was also amended by the Rail way Board whereby an additional entry gx had been inserted below the abbreviation G on the list of abbreviation at page 14, Chapter VI of the Alphabetical list of Railway Stations in India corrected up to 31st March, 1970. The central Government also amended rules 1 and 2 of the Eastern Railway Cal tariff, Part I. Although by aforesaid amendments booking of coal in wagon load has been restricted, there has been no restriction on booking of coal in "smalls" from stations in the Eastern railway. The petitioners in order to carry on their trades and business, book coal consignments in "smalls" from various stations in Eastern Railway. On the 17th February, 1973, the Divisional operating Superintendent (T) Howrah and the Divisional Commercial Superintendent (L) Howrah, jointly issued a circular directing that quota of coal to be booked in "smalls" from all stations will be 5 quintals a day. The said order was issued in super session of an earlier order dated the 17th January, 1973, by which maximum limit of 220 quintals per day was fixed with respect to certain stations and 110 quintals with respect to others. It appears from the said order dated 7. 2. 73 that it was issued in view of the limited availability of wagons and to ensure optimum utilisation of wagons. One of the petitioners being aggrieved by the said circular, moved this Court in an application under article 226 of the Constitution and obtained C. R. 556 (W) 73 on 12. 3. 73. On the 16th March, 1973, the petitioners an C. R. Nos. 556 (W), 621 (W) and 1584 (W) 173 filed applications praying for interim injunction restraining the respondents from enforcing the impugned order dated 17. 2. 73 against the petitioners and to allow the petitioners to book coal consignments in "smalls" from stations in Eastern Railway. During the pendency of the said applications, on order was made on April 23. 1974, by the General Manager, Eastern Rail way, to the following effect: "in view of the limited availability of transport capacity of this railway, and in order to ensure the optimum utilisation of the transport capacity available it is necessary to limit the booking of coal, coal shale's, coke, lignite and patent fuel in "smalls'' to 5 quintals per day from every stations on this railway, as such commodities are already being booked in wagon loads from collieries sidings to the consumers. This limitation in booking will hold good till the availability of the transport capacity of this railway improves to a satisfactory level. All concerned stations should be advised. "
(3.) THEREAFTER on the 2nd August, 1973, applications for amendment of the petitions were made and those applications were allowed by an order of A. K. Sen J. dated 13. 8. 73. On the 14th May, 1973, the petitioners applications for interim orders were allowed. The respondents were directed not to implement the circular dated 17. 2. 73 and the circular dated 23. 4. 74 issued by the General Manager, Eastern Rail way, in the matter of booking coal, in "smalls" by the petitioners and. further directing them subject to the availability of wagons and subject to the pre ference introduced by the Central government in the preferential tariff schedule dated 8. 1. 73 to book coal in "smalls'' along with other articles, in the same order of preference in which they are offered for booking without any particular discrimination against coal as such as envisaged by the impugned circulars. The respondents took appeals against the said order. The appeal Court confirmed the order of the learned Trial Judge and directed expeditions hearing, of these rules.;