DEBANGSU BASAK, J. - (1.) THE writ petitioners herein have assailed the Order dated January 4, 2011 passed by the Chief Commercial Manager (FS), South -Eastern Railway.
(2.) IT is contended on behalf of the writ petitioners that the Railway authorities had claimed stacking charges on account of stacking of materials by the writ petitioners. The writ petitioners had questioned such claim made by the respondent authorities. The writ petitioners had filed a writ petition being W.P. No. 1113 of 2010 questioning such demand for stacking charges. Such writ petition was disposed of by an Order dated September 6, 2010 requiring the respondent no. 2 to consider and decide such writ petition as a representation and to pass a reasoned order thereon.
(3.) IT is contended on behalf of the writ petitioners that, the respondent no. 2 did not consider the representation in terms of the Order dated September 6, 2010. Moreover, the goods said to be belonging to the writ petitioners and stacked at the Railway yard has not been proved to be belonging to the writ petitioners. The writ petitioners have not claimed ownership in respect thereof. The writ petitioner is similarly situate as that of Gimpex Limited who has disowned the materials. The writ petitioner has also disowned the materials. Therefore, the respondent no. 2 has no basis to find against the writ petitioner. It is further contended on behalf of the writ petitioners that a penalty is sought to be imposed on the writ petitioners. The ground for imposition of such penalty has not been established. The Railways not having established the fact that the goods stacked belonged to the writ petitioners are not entitled to demand any amount on account of stacking charges or otherwise from the writ petitioners. Referring to the judgment and order dated February 2, 2015 in W.P. No. 2065 of 2006 (Rameshwar Das v. The Union of India and Ors.) it is submitted that (Bhagaban Dey v. Union of India& Ors., 2010 AIR(Cal) 13) has been considered therein.;