Patna High Court
Shreyaa Agro Food vs The Union Of India on 7 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8990 of 2019
======================================================
Shreyaa Agro Food a Proprietorship Firm having it's Place of business at
2250, Ground Floor, Gali Raghunandan, Naya Bazar Delhi- 6 through its
authorized representative namely Sanjit Kumar Tiwari Son of Raj Narayan
Tiwari, Resident of 7, East Khanpukur Lane, P.O. Angus, P.S. Bhadreshwar,
District- Hoogly (West Bengal)- 712221
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Railways New Delhi.
2. The General Manager, East Central Railway, Zonal Office Hazipur, Vaishali.
3. The Principal Chief Commercial Manager/FM, East Central Railway, Zonal
Office Hazipur, Vaishali.
4. The Chief Commercial Manager/FM, East Central Railway, Zonal Office
Hazipur, Vaishali.
5. The Deputy Chief Commercial Manager/FM, East Central Railway, Zonal
Office Hazipur, Vaishali.
6. The Senior Divisional Commercial Manager, Sonepur Division, East Central
Railway, Zonal Office Hazipur, Vaishali.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9629 of 2019
======================================================
Krishna Enterprises a proprietorship firm having its place of business at 2244,
Second Floor, Gali Raghunandan, Naya Bazar, Delhi-6 through its authorized
representative namely Sanjay Kumar Agarwal (Sultania) male aged about 50
years son of Shri Ghasi Ram Agarwal (Sultania) Resident of Bara Bazar, P.O.
and P.S.- Katihar, District- Katihar- 854105.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Railways New Delhi.
2. The General Manager, East Central Railway, Zonal Office Hazipur, Vaishali.
3. The Principal Chief Commercial Manager/FM, East Central Railway, Zonal
Office Hazipur, Vaishali.
4. The Chief Commercial Manager/FM, East Central Railway, Zonal Office
Hazipur, Vaishali.
5. The Deputy Chief Commercial Manager/FM, East Central Railway, Zonal
Office Hazipur, Vaishali.
6. The Senior Divisional Commercial Manager, Sonepur Division, East Central
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
2/9
Railway, Zonal Office Hazipur, Vaishali.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10368 of 2019
======================================================
Surya Sales Corporation a proprietorship firm having its place of business at
2250, Ground Floor, Gali Raghunandan, Naya Bazar, Delhi-6 through its
authorized representative namely Dhananjay Kumar Choudhary male aged
about 20 years son of Ram Sharan Choudhary resident of College Road,
Verma Nagar, P.O. and P.S.- Kaithar-854105
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Railways New Delhi
2. The General Manager East Central Railway, Zonal Office Hazipur, Vaishali
3. The Principal Chief Commercial Manager/FM East Central Railway, Zonal
Office Hazipur, Vaishali
4. The Chief Commercial Manager/FM East Central Railway, Zonal Office
Hazipur, Vaishali
5. The Deputy Chief Commercial Manager/FM East Central Railway, Zonal
Office Hazipur, Vaishali
6. The Senior Divisional Commercial Manager Sonepur Division, East Central
Railway, Zonal Office Hazipur, Vaishali
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13795 of 2019
======================================================
Sanjay Enterprises a Proprietorship firm having its Palce of Business at 2250,
Ground Floor, Gali Raghunandan, Naya Bazar, Delhi-6 through its authorized
representarive namely Umang Aggarwal male aged about 29 Years Son of
Vinod Aggarwal resident of 85, East, Friend Encalave, Sultanpuri, B Block,
delhi-86
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Railways New Delhi
2. The General Manager, East Central Railway, Zonal Officer, Hazipur Vaishali
3. The principal Chief Commercial Manager /Fm, East Central railway, Zonal
Office Hazipur, Vaishali
4. The Chief Commercial Manager /Fm, East Central Railway, Zonal Office
Hazipur, Vaishali
5. The Deputy Chief Commercial Manager /Fm, East Central railway, Zonal
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
3/9
Office Hazipur, Vaishali
6. The Senior Divisional Commiercial Manager, Sonepur Division, East
Central Railway, Zoral Officer Hazipur, Vaishali
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 8990 of 2019)
For the Petitioner/s : M/s Gautam Kumar Kejriwal
Aditya Raman
Mukund Kumar
Akash Kumar, Advocates
For the Union of India : M/s Subodh Kumar Jha, Sr.CGC
Railway Punam Kumari Singh, CGC
Rinki Kumari, Advocate
(In Civil Writ Jurisdiction Case No. 9629 of 2019)
For the Petitioner/s : M/s Gautam Kumar Kejriwal
Aditya Raman
Mukund Kumar
Akash Kumar, Advocates
For the Respondent/s : Mr. Anshay Bahadur Mathur, CGC
(In Civil Writ Jurisdiction Case No. 10368 of 2019)
For the Petitioner/s : M/s Gautam Kumar Kejriwal
Aditya Raman
Mukund Kumar
Akash Kumar, Advocates
For the Respondent/s : Mr. Ram Anurag Singh, CGC
(In Civil Writ Jurisdiction Case No. 13795 of 2019)
For the Petitioner/s : M/s Gautam Kumar Kejriwal
Aditya Raman
Mukund Kumar
Akash Kumar, Advocates
For the Respondent/s : Mr. Ram Anurag Singh, CGC
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-04-2025
1. At the outset, it is relevant to mention
here that a preliminary objection has been raised
by the Learned counsel for the Railways that the
matters are required to be heard before the
Division Bench as the petitioner(s) have challenged
the Circulars of the Railway Board in all the
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
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aforesaid Writ petitions. At this juncture, the
Learned counsel for the petitioner(s) submitted
that they have made alternative prayers in these
cases and, therefore, they intend to withdraw the
prayer for quashing of the Circulars. Accordingly,
the Learned counsel for the petitioner(s) was
directed to make an endorsement in the Writ
petition, wherein the Circulars have been
challenged, so as to enable this Court to further
proceed in the matters. In view of the aforesaid,
the petitioner(s) have withdrawn the reliefs (a) and
(b) of all the aforesaid Writ petitions.
2. In all the four Writ petitions the reliefs
sought for by the the petitioners are similar, which
are as follows:
"c) For issuance of a Writ in the
nature of mandamus as directing
respondents specially the respondent
number 2 to 6 to refund the
difference of penal demurrage
charges recoverable from the
petitioner as per the impugned rate
Circular dated 18.03.2019 and
29.03.2019
to that recoverable in
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
terms ECR/CRM/FMS/02/GS/Misc. of
Circular number dated 10.09.2018
(hereinafter referred to as the Circular
dated 10.09.2018 for short) issued by
the Respondent Principal Chief
Commercial Manager on account of
the impugned rate Circular dated
18.03.2019 and 29.03.2019 being not
applicable to the case of the
petitioner or In The Alternative;
d) For holding and a declaration that
the impugned rate Circular dated
18.03.2019 as well as the Circular
dated 29.03.2019 would be
prospective in operation and would
not apply retrospectively to the indent
registered on or before expiration of
48 hours of publication of the said
Circulars in the respective divisions;
e) For holding and a declaration that
the impugned rate Circular dated
18.03.2019 as well as the Circular
dated 29.03.2019 being penal in
nature and carrying the effect of
enhancement of penal consequences
ought to have preceded by due notice
upon the parties bound to be affected
by such variation/alteration in the
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
penal consequences and as such both
the Circulars suffers from violation of
principles of natural justice:
f) For holding and a declaration that
the impugned Circular dated
29.03.2019 is not sustainable for
another vital and relevant reason of
there being no registration of indent
having taken place between
18.03.2019 till 29.03.2019 inviting
application of such harsher conditions
of complete reduction of stacking
period coupled with imposition of
extreme penal demurrage charges of
6 times the normal charges;
g) For holding and a declaration that
the petitioner having registered
indent before the impugned rate
Circular dated 18.03.2019 was issued
and published the case of the
petitioner would be governed and
guided by the Circular number
ECR/CRM/FMS/02/GS/Misc. dated
10.09.2018 as the petitioner having
relied upon the said Circular
consisting of all parameters of penal
consequences in case of no loading of
wagons had registered indent with
the respondent East Central Railway;
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
h) For holding and a declaration that
the impugned Circulars dated
18.03.2019 and 29.03.2019 cannot be
made retroactive in operation and
cannot apply against the indent
registered by the petitioner much
prior to the issuance and publication
of the said impugned Circulars;
i) For grant of any other relief or
reliefs to which the petitioner is found
entitled in the facts and
circumstances of the case."
3. At this juncture, the Learned counsel
for the petitioners contended that this Court has
already decided a similar matter in which the
reliefs as prayed for, in these Writ petitions were
exactly the same, therefore prayed that since
these matters are squarely covered under the
order dated 15.02.2025 passed in CWJC No.
8971 of 2019 (Thakurji Enterprises Vrs. The
Union of India & Ors.), these writ petitions may
also be disposed of on the same terms and
conditions.
4. The Learned Counsel for the
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
respondents submits that these Writ petitions may
be disposed of on the same terms and conditions
as outlined in the aforesaid judgment.
5. Having regard to the submissions made
by the Learned counsel for the petitioners, all
aforesaid four Writ petitions stands disposed of in
terms of the judgment passed in CWJC No. 8971
of 2019 (supra).
6. Therefore, I direct the respondents to
refund Rs. 7,62,300 to the petitioner of CWJC No.
8990 of 2019 (Shreya Agro Food), Rs. 10,42,500/-
to the petitioner of CWJC No. 9629 of 2019 (Krishna
Enterprises), Rs. 61,200/- to the petitioner of CWJC
No. 10368 of 2019 (Surya Sales Corporation) and
Rs. 13,82,100/- to the petitioner of CWJC No. 13795
of 2019 (Sanjay Enterprises) forthwith, which
represents the excess demurrage recovered for the
rakes not loaded by the petitioner(s) due to
unavoidable reasons. This Court is also of the
considered view that the impugned Rate Circulars
dated 18.03.2019 and 29.03.2019 shall operate
prospectively not retrospectively.
Patna High Court CWJC No.8990 of 2019 dt.07-04-2025
21. With the aforesaid observations, the
Writ petition stands disposed of.
22. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.04.2025
Transmission Date
