- (1.) In these two matters the petitioners brought a consignment of certain guantity of Manganese Ore and the same were booked for transport from the forwarding station Balaghat to Asansol involving transhipment at an intermediary station. There has been no dispute that the goods were loaded in the wagon and the Railway receipts do not show any statement nor any endorsement as to non-acceptance of the wright declared by the petitioners. The goods reached at the destination point and the same were delivered without any reservation whatsoever. However, it is contended that before delivery the reweighment of the goods were made by the Railway Authority.
(2.) According to Mr. Gupta, learned lawyer appearing for one of the petitioners in W.P.No. 13158 (W)/2002, the goods were reweighed at the weighment bridge maintained by the Eastern Coal Field Limited not by the Railway Authority. This weighment is not done in accordance with law by the Railway Authority and such weighment has no binding effect. The fact remains admittedly the goods were delivered without any reservation physically and after delivery of the same the alleged demand for payment of undercharges has been made. So far the petitioner in W.P.No. 294 (W)/ 2002 is concerned it has made part payment of the alleged undercharges. However, in the writ petition the prayer has been made for refund of the payment already made. On the facts and circumstances of the case and the grounds legality and validity of the aforesaid demand has been challenged. Mr. Gupta drawing my attention to the provisions of Section 65 of the Railways Act, contends that the Railway Receipts shall be prima facie evidence of the weight and the number. of packages stated therein. Had there been any doubt as to the weighment or number of packages then the endorsement to that effect could have been made in the Railway Receipts itself. In all these Railway Receipts there has been no endorsement. Therefore, the correctness of the recording of the weights in the Railway Receipts shall have to be accepted. He further submits that the reweighment could have been done by the Railway Administration at any point either at the destination or at the intermediary station. In this case it has been done by the Eastern Coal Field Ltd. not by the Railway Authorities.
(3.) He further submits that it is open for the Railway Authorities to realise any charges including punitive charges for overloading of wagons but this can be done before delivery of the goods. In this case no such charges reached or demanded at the time of delivery of the goods. Delivery was effected without any reservation whatsoever.;