Coal traders challenged the Railways' Rates Circular No. 32 of 2011 levying Rs.5000 detention charges on overloaded wagons as double penalty alongside the 2012 Rules. The Railways produced a 16.09.2020 circular withdrawing the charge; the court dismissed the writ petitions as infructuous and vacated interim orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010014202018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/412/2018
BCMS TRADERS PRIVATE LIMITED.
HAVING ITS PRINCIPLE PLACE OF BUSINESS AT- KABAITRAY, JOGIGHOPA, BONGAIGAON, ASSAM, REP. BY MAHESH KUMAR AGARWALA, THE DIRECTOR OF B.C.M.S. TRADERS PVT. LTD.
VERSUS
THE UNION OF INDIA
REP. BY ITS SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI.
2:THE RAILWAY BOARD
RAILWAY BHAWAN NEW DELHI.
3:THE GENERAL MANAGER
NORTH EASTERN FRONTIER RAIWAYS MALIGAON GUWAHATI ASSAM.
NORTH EASTERN FRONTIER RAILWAYS JOGIGHOPA BONGAIGAON ASSAM.
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NORTH EASTERN FRONTIER RAILWAYS KABAITARI BONGAIGAON ASSAM
6:THE STATION SUPERINTENDENT
NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM.
7:THE STATION SUPERINTENDENT
NORTH EASTERN FRONTIER RAILWAYS PANCHARATNA (MAKRI) GOALPARA ASSAM.
8:THE STATION SUPERINTENDENT
NORTH EASTERN FRONTIER RAILWAYS GOALPARA TOWN ANANDA BAZAR GOALPARA ASSAM
Advocate for the Petitioner : R K SHRESTHA
Advocate for the Respondent : SC, NF RLY
Linked Case : WP(C)/1757/2017
MAHALAXMI CONTINENTAL LTD. A COMPANY REGISTERED UNDER THE COMPANY ACT 1956 HAVING ITS REGISTERED OFFICE AT GALI NO.8 N.H. 37 BELTOLA GUWAHATI-29 ASSAM AND BRANCH OFFICE AT KALPANA NAGAR GOALPARA
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ASSAM-783101 REPRESENTED BY ITS AUTHORIZED SIGNATORY
VERSUS THE UNION OF INDIA and 8 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF RAILWAYS RAILWAY BOARD RAILWAY BHAWAN NEW DELHI 2:THE RAILWAY BOARD RAIL BHAWAN NEW DELHI 3:THE JOINT DIRECTOR TRAFFIC COMMERCIAL RATES RAILWAY BOARD RAILWAY BHAWAN NEW DELHI 4:THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM 5:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS JOGIGHOPA BONGAIGAON ASSAM 6:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS KABAITARI BONGAIGAON ASSAM 7:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM 8:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS GOALPARA TOWN ANANDA BAZAR GOALPARA ASSAM 9:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS PANCHARATNA MAKRI GOALPARA ASSAM -----------Advocate for : MR.J P MORE Advocate for : SC
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NF RLY appearing for THE UNION OF INDIA and 8 ORS.
Linked Case : WP(C)/1781/2017
CHANDRA PRABHU INTERNATIONAL LTD. A COMPANY REGISTERED UNDER THE COMPANY ACT 1956 HAVING ITS REGISTERED OFFICE AT 14 RANI JHANSI ROAD NEW DELHI- 110055 AND BRANCH OFFICE AT KABAITARY JOGIGOPHA DIST. BONGAIGAON AND REP. BY ITS ONE OF THE DIRECTORS. VERSUS THE UNION OF INDIA and 8 ORS. REP. BY THE SECRETARY MINISTRY OF RAILWAYS RAILWAY BOARD RAILWAY BHAWAN NEW DELHI. 2:THE RAILWAY BOARD RAIL BHAWAN NEW DELHI. 3:THE JOINT DIRECTOR TRAFFIC COMMERCIAL RATES RAILWAY BOARD RAILWAY BHAWAN NEW DELHI. 4:THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM 5:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS JOGIGHOPA BONGAIGAON ASSAM 6:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS KABAITARI
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BONGAIGOAN ASSAM 7:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM 8:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS GOALPARA TOWN ANANDA BAZAR GOALPARA ASSAM 9:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS PANCHARATNA MAKRI GOALPARA ASSAM -----------Advocate for : MR.A CHOUDHURY Advocate for : DR.B N GOGOIR- 1-9 appearing for THE UNION OF INDIA and 8 ORS.
Linked Case : WP(C)/6582/2011
FUEL SOURCES INDIA PRIVATE LIMITED and 2 ORS AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT RAM KUMAR PLAZA 1ST FLOOR ROOM NO. 10 CHATRIBARI ROAD GHY- 1. 2: M/S PURBANCHAL TRADERS A PROPRIETOR CONCERN OF SRI LALCHAND AGARWALA RAM KUMAR PLAZA MARKET 1ST FLOOR CHATRIBARI GHY-1 ASSAM. 3: M/S S.M. ENTERPRISES A PROPRIETOR CONCERN OF SRI SAWARMAL AGARWAL RAM KUMAR PLAZA MARKET 1ST FLOOR CHATRIBARI
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GHY- 1 ASSAM. VERSUS THE UNION OF INDIA and ORS REP. BY THE SECY. MINITRY OF RAILWAYS RAILWAY BOARD RAILWAY BHAWAN NEW DELHI. 2:THE RAILWAY BOARD RAIL BHAWAN NEW DELHI. 3:THE JOINT DIRECTOR TRAFFICE COMMIERCIAL RATES RLY. BOARD RLY. BHAWAN NEW DELHI. 4:THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM. 5:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS JOGIGHOPA BONGAIGAON ASSAM. -----------Advocate for : MR.A GOYAL Advocate for : MR.A K SARKAR appearing for THE UNION OF INDIA and ORS Linked Case : WP(C)/1497/2017 M/S MEGHALAYA COAL CONCERN and ANR. A PROPRIETOR CONCERN OF MD. HASHIM ALI AGIA ROAD NAYAPARA GOALPARA- 783101 ASSAM 2: MD. HASHIM ALI PROPRIETOR OF M/S MEGHALAYA COAL CONCERN AGIA ROAD NAYAPARA GOALPARA- 783101 ASSAM VERSUS
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THE UNION OF INDIA and 8 ORS. REP. BY THE SECY. MINISTRY OF RAILWAYS RAILWAY BOARD RAILWAY BHAWAN NEW DELHI 2:THE RAILWAY BOARD RAIL BHAWAN NEW DELHI 3:THE JT. DIRECTOR TRAFFIC COMMERCIAL RATES RAILWAY BOARD RAILWAY BHAWAN NEW DELHI 4:THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM 5:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS JOGIGHOPA BONGAIGAON ASSAM 6:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS KABAITARI BONGAIGAON ASSAM 7:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM 8:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS GOALPARA TOWN ANANDA BAZAR GOALPARA ASSAM 9:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS PANCHARATNA MAKRI GOALPARA ASSAM -----------Advocate for : MR.J P MORE Advocate for : MR.A K SARKAR appearing for THE UNION OF INDIA and 8 ORS.
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Linked Case : WP(C)/1778/2017 MAHALAXMI MINING PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANY ACT 1956 HAVIN GITS REGISTERED OFFICE SITUATED AT GALI NO. 7 N.H. 37 BELTOLA GUWAHATI -29 ASSAM REP. BY ONE OF ITS DIRECTORS AND HAVING ITS BRANCH OFFICE SITUATED AT KALPANA NAGAR GOALPARA ASSAM-783101. VERSUS THE UNION OF INDIA and 8 ORS. REP. BY THE SECRETARY MINISTRY OF RAILWAYS RAILWAY BOARD RAILWAY BHAWAN NEW DELHI. 2:THE RAILWAY BOARD RAIL BHAWNA NEW DELHI. 3:THE JOINT DIRECTOR TRAFFIC COMMERICAL RATES RAILWAY BOARD RAILWAY BHAWAN NEW DELHI. 4:THE GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM 5:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS JOGIHOPOPA BONGAIGAON ASSAM 6:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS
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KABAITARI BONGAIGAON ASSAM 7:THE STATION SUPERINTENDENT
NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM 8:THE STATION SUPERINTENDENT
NORTH EASTERN FRONTIER RAILWAYS GOALPARA TOWN ANANDA BAZAR GOALPARA ASSAM 9:THE STATION SUPERINTENDENT NORTH EASTERN FRONTIER RAILWAYS PANCHARATNA MAKRI GOALPARA ASSAM -----------Advocate for : MR.A CHOUDHURY Advocate for : MR.A K SARKAR appearing for THE UNION OF INDIA and 8 ORS.
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 06.02.2024
None appears for the petitioner on call in WP(C)/412/2018 . Heard Mr. A. Goyal, learned counsel for the petitioners in other writ petitions except WP(C)/412/2018. Also heard Mr. B. K. Das, learned standing counsel, NF Railways in WP(C)/412/2018 and Dr. B. N. Gogoi, learned standing counsel, NF Railways in WP(C)/6582/2011, WP(C)/1497/2017, WP(C)/1757/2017,WP(C)/1778/2017 and WP(C)/1781/2017.
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detention charges as per overloading wagon in case of detention of a rake after weighment warranting load adjustment at the originating station.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the penalty of Rs.5000 detention charges under Rates Circular No. 32 of 2011 for overloading wagons was valid given the 2012 Rules framed under the Railways Act.
1 provisions across 1 enactments
BCMS Traders Private Limited
The Union of India
The Railway Board
The General Manager, North Eastern Frontier Railways
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
