SUBRATA TALUKDAR,J - (1.) The short point which this Court is required to answer in this writ petition is the legality of the impugned demand notice raised by the respondent -railways in respect of three railway rakes booked by the petitioner no.1 -company for carrying coal purchased from Eastern Coal Fields Ltd. (for short ECL).
(2.) Sri Ram Anand Agarwala, Ld. Counsel appearing for the writ petitioners submits that in this writ petition the writ petitioner no.1 which is a registered company is represented through one of its Directors, being the writ petitioner no.2 and is engaged in purchasing coal from different collieries, including ECL. The coal purchased from ECL is loaded on to the rakes provided by the railways. Such rakes are thereafter weighed. Pursuant to such weighment freight is collected by the railways upon issuance of railway receipts (for short RRs).
(3.) Taking this Court to the facts of the present case Sri Agarwala further submits that after the coal was loaded on to the rakes and such rakes were respectively bound for Ayodhyay, Kashi and Kusumi, the rakes were weighed prior to the journey at Andal Weigh Bridge. After such weighment the railways following usual procedure issued the RRs in favour of the petitioner no.1 and collected the freight applicable. Thereafter the railways delivered the consignment of coal in respect of the said three rakes in favour of the petitioners at their respective destination stations namely, Ayodhyay, Kashi and Kusumi on 19th November, 2012, 21st November, 2012 and 25th January, 2013 respectively without raising any demur.;