Dismissed

Bcms Traders Private Limited. v. the Union of India

Gauhati HC5 Feb 2024WP(C)/412/2018

Case brief

AI extract

What is this about?

Writ petitions challenged a railway rates circular levying Rs.5000 detention charges on overloaded rakes as duplicating the 2012 punitive charges rules. The Railways produced a 2020 circular withdrawing the charge, rendering the challenge infructuous; the petitions were dismissed and interim orders vacated.

What did the court decide?

None granted; petitions dismissed as infructuous and interim orders vacated.

Bcms Traders Private Limited. Vs the Union of India — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010014202018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/412/2018

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BCMS TRADERS PRIVATE LIMITED.

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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.

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VERSUS

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THE UNION OF INDIA

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REP. BY ITS SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI.

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2:THE RAILWAY BOARD

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RAILWAY BHAWAN NEW DELHI.

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3:THE GENERAL MANAGER

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NORTH EASTERN FRONTIER RAIWAYS MALIGAON GUWAHATI ASSAM.

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4:THE STATION SUPERINTENDENT

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NORTH EASTERN FRONTIER RAILWAYS JOGIGHOPA BONGAIGAON ASSAM.

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5:THE STATION SUPERINTENDENT

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NORTH EASTERN FRONTIER RAILWAYS KABAITARI BONGAIGAON ASSAM

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6:THE STATION SUPERINTENDENT

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NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM.

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7:THE STATION SUPERINTENDENT

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NORTH EASTERN FRONTIER RAILWAYS PANCHARATNA (MAKRI) GOALPARA ASSAM.

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8:THE STATION SUPERINTENDENT

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NORTH EASTERN FRONTIER RAILWAYS GOALPARA TOWN ANANDA BAZAR GOALPARA ASSAM

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Advocate for the Petitioner : R K SHRESTHA

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Advocate for the Respondent : SC, NF RLY

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Linked Case : WP(C)/1757/2017

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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

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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.

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Linked Case : WP(C)/1781/2017

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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.

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Linked Case : WP(C)/6582/2011

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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

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NORTH EASTERN FRONTIER RAILWAYS DUDHNOI GOALPARA ASSAM 8:THE STATION SUPERINTENDENT

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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.

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 06.02.2024

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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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These writ petitions have been filed putting to challenge the notification/Rates Circular No. 32 of 2011 issued by the Government of India, whereby the respondents Railways decided to levy penalty of Rs.5000/- on

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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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The challenge is made to the circular on the ground that they are arbitrary and illegal in view of the fact that the Railways (Punitive charges, overloading of wagons), Rules, 2012, which is a set of rules framed under the Railways Act, 1989 is already in place in respect of levy of any such charges in matters of overloading of wagons and therefore, the impugned Rates Circular No. 32 of 2011 issued by the Government of India dated 16.09.2011, imposing further penalty for the same act amounts to double jeopardy or dual penalty for the same act or omission. It is on these grounds that the writ petitions have been filed praying for setting aside the impugned Rates Circular No. 32 of 2011 issued by the Government of India.

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The learned counsels for the respondents have filed their counter affidavits. Today when the matter is called up, learned standing counsels for the Railways have placed before the Court a Circular dated 16.09.2020, whereby it is shown that under the revised guidelines, detention charges @ Rs.5000/- for overloaded wagon is not leviable and this position has not been altered.

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It is submitted by the learned standing counsels for the Railways that in view of this instructions received through the Circular, the detention charges circular/rates circular has been withdrawn and is no longer in place. In that view of the matter, the challenge made in the writ petitions have become infructuous as of date.

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Mr. A. Goyal, learned counsel for the petitioners does not dispute this position on facts. Perusal of the pleadings in WP(C)/412/2018 reveals that the said writ petition has been filed on similar grounds with similar prayer (s).

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Taking into consideration the submissions made the writ petitions, are accordingly, dismissed as infructuous.

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Interim orders, if any, stands vacated.

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Copy of the circular dated 16.09.2020 is also kept with the case record.

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JUDGE

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Comparing Assistant

Bcms Traders Private Limited. v. the Union of India

Case brief

What is this about?

What did the court decide?

Bcms Traders Private Limited. v. the Union of India

Case brief

What is this about?

What did the court decide?

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