Kalyanmoy Ganguli, J. - (1.) This application under Article 226 of the Constitution of India is directed against the resolution of the Board of Commissioners of the Panihati Municipality dated 24th June, 1981 which is Annexure 'C' to the writ petition. The case of the petitioner in short is that on 16th March, 1981, the respondent No. 3 entrusted the petitioner to release goods from the Railway Siding at Sodepur and in compliance with that order the petitioner contacted the Goods Clerk namely Sri Kartick Som of Goods Office on the same date and enquired about the arrival of wagon carrying G.I. Pipes ex -Tatanagar ITM to Sodepur Siding. The said Kartick Som confirmed that the entire goods covered by the invoice and the railway receipt had arrived, and would be available on payment of the Entry Tax of Rs. 1,503/ - and demurrage charge of Rs. 300/ -. The petitioner handed over all the connected papers to the said Sri Kartick Som and at instance of Sri Som the petitioner signed the railway receipt on the reverse side and the register.
(2.) The petitioner thereafter informed the respondent No. 3 over telephone about the aforesaid incident and requested the latter to send the sum of Rs. 1,893/ - for getting the goods released and delivered to the municipal custody through the municipality's transport contractor. It is alleged in the petition that the respondent No. 3 informed the petitioner that the goods would be taken delivery of by the municipality's lorry driver and the other employees of the municipality.
(3.) It is the further case of the petitioner that after obtaining permission form the Chairman i.e. respondent no. 3, the petitioner left for Sealdah Court to attend the civil suit in which the municipality was a party. After the work of the court was over the petitioner went back to the Sodepur Siding at or about 13.40 hrs. on the same day and came to know from one Sri Dulal Chakraborty, a Stores Clerk of the municipality, who was entrusted to the physical delivery of the materials as also from some other employee of the municipality, that the consignment of the G. I. Pipes were short to the extent of 7 bundles i.e. 315 pieces. The petitioner lodged a complaint with the Railway Administrator against such short supply and the petitioner also contacted the concerned Goods Superintendent and requested him to grant a short delivery certificate. The petitioner thereafter filed a written complaint before the Railway Authority stating the entire episode of the short delivery.;