Dismissed¶19

M/s. Hemant Kumar Singh v. The Union Of India and Ors.

Patna HC7 May 2025CWJC/9387/2017

Case brief

AI extract

What is this about?

CWJC No.9387 of 2017, Patna High Court, decided 07-05-2025 by G. Anupama Chakravarthy, J. Petitioner M/s. Hemant Kumar Singh v. Union of India and Ors. Subject terms: overload charges Rs. 13,23,895/-, letter dated 08.06.2017, Goods Superintendent Hathua Gopalganj, punitive charge without notice, goods at Hathua Railway Station, Section 79 Railways Act 1989, alternative remedy Railway Claims Tribunal, limitation. Disposition: writ petition dismissed as withdrawn with liberty to pursue Railway Claims Tribunal remedy; no merits adjudication.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to avail the remedy before the Railway Claims Tribunal; the Tribunal to consider limitation in light of the petitioner having challenged the impugned orders before this Court within the stipulated time. ¶19

M/s. Hemant Kumar Singh Vs The Union Of India and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the letter dated 08.06.2017 issued by the 6th respondent (Goods Superintendent, Hathua Gopalganj), whereby a sum of Rs. 13,23,895/- was charged to the petitioner as overload charges, should be quashed. +3 more

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Ratio / Principle

Permission to withdraw the writ petition is accorded, and the writ petition is dismissed as withdrawn with liberty to the petitioner to avail the remedy before the Railway Claims Tribunal.

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Key takeaways

The Railway Claims Tribunal shall consider the aspect of limitation, taking into account that the petitioner had challenged the impugned orders before this Court within the stipulated time.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (G. Anupama Chakravarthy, J.), 07-05-2025 — M/s. Hemant Kumar Singh v. The Union of India and Ors, Civil Writ Jurisdiction Case No.9387 of 2017: The petitioner sought quashing of a letter dated 08.06.2017 issued by the 6th respondent (Goods Superintendent, Hathua Gopalganj) charging Rs. 13,23,895/- as overload charges, a declaration that the punitive charge was wrongly imposed without notice, and release of goods lying at Hathua Railway Station. Per the respondents' counter affidavit, Section 79 of the Railways Act, 1989 was said not to be attracted, the Railway Claims Tribunal was the alternative remedy, and the goods had already been released (rendering relief No. 3 infructuous). On counsel's request, permission to withdraw was accorded and the writ petition was dismissed as withdrawn with liberty to approach the Railway Claims Tribunal; the Tribunal was directed to consider limitation in view of the petitioner having challenged the impugned orders before this Court within the stipulated time.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9387 of 2017

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======================================================

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M/s. Hemant Kumar Singh ... ... Petitioner/s

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	Versus
The Union Of India and Ors =====================	... ... Respondent/s =================================
Appearance :
For the Petitioner/s : :	Mr.Vikas Ratan Bharti Mr.Ravi Shankar
For the Respondent/s : =====================	Mr.Mukesh Kumar, CGC =================================
CORAM: HONOURABLE JUS	TICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER

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2 07-05-2025

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Heard the Learned counsel for the

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petitioner.

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The writ petition is filed for the following

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reliefs:-

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(i) To quash the letter dated 08.06.2017 issued by the 6^th respondent (Goods Superintendent, Hathua Gopalganj) whereby a sum of Rs. 13,23,895/- has been charged to be paid by the petitioner as the charges of overload.

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(ii) To declare that the respondent authorities have wrongly imposed punitive charge upon the petitioner without giving any notice.

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(iii) To direct the respondents to release the goods which is lying at Hathua Railway Station (Goods Station) belonging to the petitioner.

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A detailed counter affidavit was filed on

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behalf of the respondents contending that the writ petition is devoid of merits. A specific plea is taken

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Patna High Court CWJC No.9387 of 2017(2) dt.07-05-2025 2/2

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in the counter affidavit that the provisions under Section 79 of the Railways Act, 1989, are not attracted in the present case and the petitioner has an alternative remedy of approaching the Railway Claims Tribunal. Further, the counter affidavit also disclose that relief No. 3 has become infructuous, as the goods have already been released to the petitioner.

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At this juncture, the Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to avail the remedy before the Railway Claims Tribunal.

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Permission is accorded.

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Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to avail the remedy before the Railway Claims Tribunal. The Tribunal shall consider the aspect of limitation, taking into account that the petitioner had challenged the impugned orders before this Court within the stipulated time.

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(G. Anupama Chakravarthy, J)

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vinita/- U

M/s. Hemant Kumar Singh v. The Union Of India and Ors.

Case brief

What is this about?

What did the court decide?

M/s. Hemant Kumar Singh v. The Union Of India and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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