SUBRATA TALUKDAR,J. - (1.) The petitioners-in-person produce an Order of this Court covering similar facts dated 8th May, 2019 in W.P. 9470(W) of 2019. The petitioners-in-person also produce a Joint Report of reweighment of the wagon in issue covered by the Order of this Court dated 8th May, 2019 (supra). It is submitted by the petitioners-in- person that the in-motion weighbridge was repaired on 10th May, 2019. The reweighment in terms of the order dated 8th May, 2019 was done on the repaired weighbridge on the next date, that is the 11th of May, 2019. The results of the re-weighment are evident from the Joint Report dated 11th May, 2019.
(2.) The petitioners-in-person pray for an equal treatment. Accordingly, for the benefit of this discussion, the Order dated 8th May, 2019 is reproduced in full below: "W.P. 9470(W) of 2019 [Radheushyam Pandey vs. Union of India and Ors.] Mr. Rahul Kumar ...Authorised Person on behalf of the petitioner Mr. R.K. Mishra, Assistant Commercial Manager Eastern Railway, Howrah Mr. Palathingal Cherian Mathew, Commercial Supervisor, Court Cell, Commercial Branch, Howrah Division, Eastern Railway. Party/Parties is/are represented in the order of their name/names as printed above in the cause-title.
(3.) This writ petition carries a reiteration of the facts as presented before this Court in W.P. 8881(W) of 2019. In Re: National Carrying Corporation, a partnership firm and Anr. vs. Union of India and Ors., which was adjudicated at the first stage by this Court vide Order dated 3rd May, 2019. The petitioner-in-person files an Affidavit-of-Service showing service of the writ petition on the Respondents/Eastern Railway (ER). The petitioner submits that having regard to the exigencies of Court proceedings as existing on date, the writ petition has been filed in person. From a perusal of the record the submission of the petitioner appears to be factually acceptable. Affidavit-of-Service, as filed, is also taken on record. The petitioner submits that he is part of a subsisting agreement with the Respondents/ER for leasing of a Parcel Van in Train No. 13020/13019 Ex-Kathgodam to Howrah. The petitioner further submits that the Parcel Van was weighed by the Respondents/ ER prior to its entry into its terminus station at Howrah via in-motion weighment and found to be beyond the contracted weight. The petitioner relies on a Supplementary Affidavit, which has been served on the Respondents/ ER and filed before Court today, to demonstrate that the said Parcel Van contains lifesaving drugs which have a delivery period of seven days from the invoice dated 28th April, 2019. The petitioner submits that the in-motion weighment being contrary to law, the detained Parcel Van be released forthwith. Supplementary Affidavit as filed by the petitioner is allowed to be taken on record. On a perusal of the record as well as the statements made connected to the Parcel Van being loaded with lifesaving drugs at Paragraph 5 of the writ petition, this Court is of the view that this writ petition deserves to be considered on a priority basis.;