SUBRATA TALUKDAR,J. - (1.) In this writ application the writ petitioner No. 1/company represented by one of its Directors, the writ petitioner No.2, challenges the demand raised by the Railways on account of stacking charges at Barsuan railway siding of the respondents-South Eastern Railway (for short SER).
(2.) Mr. Ajay Krishna Chatterjee, Ld. Senior Counsel appearing for the petitioners submits that the petitioner No.1/company carries on business as traders and exporters of iron ore which is transported by road and the Railways. For the purpose of transporting the ore by Railways, indents are placed by the petitioner No.1/company at various stations of the Railways, including SER, for the purpose of obtaining railway rakes. During the financial year 2006-07 two indents were placed at Barsuan railway siding.
(3.) However, since the SER failed to allot rakes in favour of the petitioner No.1/company, the indents dated 27th October, 2006 were ultimately cancelled on 25th December, 2006. Mr. Chatterjee submits that since no rakes were allotted by SER the question of stacking any iron ore at Barsuan railway siding does not arise at all.;