Dismissed
Ambuja Cements Ltd. v. Union of India, Ministry of Railways, and 4 Others
Telangana HCWP/12199/2007
Case brief
from the order text
What is this about?
IN THE HIGH COURT FOR THE STATE OF TELANGANA…
What the court decided
AI extract
IN THE HIGH COURT FOR THE STATE OF TELANGANA…
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[3296 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
SATURDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITI ON NO:12199 OF 2007
Between:
4rn.4,cementsLtd., (Unit-Marathacement works), Taruka Korpana, District Chandrapur (M.S), rep byits Vice presideni Hrli. Vifas bLsnmuXfr.
...PETITIONER
AND
commercial Branch, sancha'ian Bhavan, Rairway Niraiim, Secunaeraoaa.
...RESPONDENTS
Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order or orders or a writ more particularly one in the nature of writ of mandamus or any other appropriate Writ declaring that the demand raised by the respondents towards punitive charges vide demand retter No.c/c/419/oSlPolicyto6-07, d1.04.12.2006, Ietter No c/c.419/os/poticy/06-07 dl. 09.02.2007 and retter No.c/c/419/osrpro6-07, dt. 05.04.2007 as iilegar, arbitrary and in contravention of sec.73 of the lndian Railway Act, 1gg9 besides , being violative to the principal of natural justice andof Article 300-4 of-by the Constitution of lndia.
l.A. NO: 2 OF 2007(WPMP. NO: 15199 OF 20071
Petition under Section 151 CPC praying that in the circumstancesstatedin the affidavit filed in support of thepetition, the High Courtmay be pleased stay further proceedings inpursuance of demandletters i.e.,letter No. CtCl4lgl?SlPolicy/06-07, d1.04.12.2006, letter No.C/C.419/OS/Policy/06-07dt 09.02.2007 and letter No.C/C/419/OSlPlO6-07, dl. 05.04.2007issued by the respondents to thepetitioenr towardspaymentof punitive chargesand detention charges.
l.A. NO: 1OF 2007(WVMP. NO: 2'146 OF 2007)
Between:
...RESPONDENTS
AND
Ambuia Cements Ltd.,(Unit-Maratha Cement Works), TalukaKorpana,District Chandrapur(M.S), rep. byits Vicepresident Mr. Vilas Deshmukh.
...PETITIONER
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in support of thepetition, the HighCourt may be pleased vacate the interim staygranted on 14-6-2007 vide WPMPNo.15199/2007in WP No.1219912007.
Counsel for the Petitioner : SRI CHALLA GUNARANJAN
Counsel for the Respondents: SRI B.H.R.CHOWDARY
The Court made the following: ORDER
7
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.12199 OF 2OO7
ORDER:
This writ petition is filed seeking lollowing relief:
"....to pass on order or orders or a utrit more particularly one in the nature of writ of mandamos or ong otLer appropiate Writ declaing that the demand raised bg the respondents touards punitiue charges uide demand letter No.C/ C/ 419/ OS/ Policg/ 06O7 dated 04.12.2006, letter No.C/ C 419/ OS/ Policg/ 06O7 dated 09.02.2007 and letter No.C/ C/ 419/ OS/ P/ 0607 dated 05.04.2007 as ill"egal, arbitrary and in contrauention of Sec 73 of the Indian Raihuay Act 1989 besides being uiolatiue to the pinciples of naturaL justice and of Article 3OOA of bg the Constitution of India.."
2
ii
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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
SD/. K. SREE RAMAMURTHY ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1 One CC to SRI.CHALLAGUNARANJAN, Advocate. [OPUCI 2 One CC to SRI B.H.R.CHOWDARY,SC FOR RAILWAYSIOPUCI J Two CD Copies.
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HIGH COURT
DATED:2f 10912024
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ORDER
WP.No.12199 of 2007
DISMISSING THE WRIT PETITION WTHOUT COSTS
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4 provisions across 3 enactments
Ambuja Cements Ltd., (Unit-Maratha Cement Works), Taluka Korpana, District Chandrapur (M.S.), rep. by its Vice President
Union of India, Ministry of Railways, Railway Board, Rail Bhavan, New Delhi
South Central Railway, rep. by General Manager, Secunderabad
Senior Divisional Commercial Manager, South Central Railway, Secunderabad
Divisional Commercial Manager, South Central Railway, Secunderabad
Assistant Commercial Manager, South Central Railway, Secunderabad
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court