Shampa Sarkar, J. - (1.) The subject matter of challenge in this writ petition is an order dated November 8, 2018 issued by the Director, Rail Movement (Railway Board) Kolkata, inter alia, holding that the prayer of the petitioners for grant of Priority "C" facility for movement of iron-ore, could not be considered as the matter relating to submission of inflated bills by the petitioner for availing Priority C facility earlier and consequent actions taken by the authorities in that regard, was sub-judice before the Hon'ble Apex Court.
(2.) The facts as pleaded in the writ petition are that under Section 71 of the Railways Act, 1989, (hereinafter referred to as the said Act) the Central Government was empowered to give special facilities for, or preference to, the carriage of certain goods or class of such goods by general or special orders. Such orders were called Preferential Traffic Orders. For the first time in June 2006, the Central Government included iron-ore in the list of preferential goods to be carried under Priority "C", using the terminology "Programmed Traffic". The policy was renewed from time to time. The petitioners applied for registration under Priority "C" (Programmed Traffic) and were granted registration by the railways on May 29, 2007. The petitioner No.1 paid over Rs.150 crores as freight to the railways for transportation of its product.
(3.) The railways issued a Rate Circular No.36 of 2009, whereby, dual freight system was introduced, that is, for domestic consumption of iron ore, a concessional freight was introduced and for trading and exports a higher freight was introduced. The petitioner No.1 availed concessional freight for domestic consumption of iron ore and for exports they paid the higher freight.;