B.B.MANGALMURTI,J. - (1.) Heard Mr. P.D. Agarwal, learned counsel appearing on behalf of the petitioner and Mr. Mahesh Tewari, learned counsel appearing on behalf of the respondent-railways.
(2.) Instant writ application has been filed by the petitioner for:- (a) An appropriate writ/order/direction from this Hon'ble Court, for quashing the order dated 17.09.2012 passed by Assistant Commercial Manager (F), Chakradharpur Division (respondent no. 4) with the approval of the Senior Commercial Manager, Chakradharpur Division (respondent no. 3) dated 17.09.2012 whereby and whereunder, the respondent nos. 3 and 4 had directed the petitioner to pay undercharge of Rs. 64,78,370/- directly to the Station by issuing bank draft in favour of FA and CAO, South Easter Railway, Garden Reach, 43, Kolkata, failing which the petitioner's rake will be detained and the consignment will be unloaded and the consignment will be sold by public auction under Sections 83 and 84 of the Indian Railways Act; (b) An appropriate writ/order/direction from this Hon'ble Court, directing the respondents to accept the booking of the petitioner's consignment of iron ore which has been stopped without verbally pursuant to the order dated 17.09.2012; (c) And for such other relief/reliefs for which the petitioner may be found entitled with in the facts and circumstances set forth in the writ application.
(3.) It is submitted on behalf of the petitioner that the matter is pending since the year 2012, as per Annexure-8 issued by Deputy Chief Commercial Manager (FS) dated 20th November, 2012, the matter relating to undercharges was pending and after scrutiny of the Board Circular, it was forwarded to the Railway Board for clarification. The instant matter is also waiting for the decision or clarification from the Railway Board. Learned counsel for the petitioner submitted that he is not aware whether any clarification has been issued by the Railway Board in this respect or not.;