Telangana High Court
Mohammed Akram vs Union Of India And 8 Others on 18 June, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION NO.4887 OF 2023
ORDER:
This Writ Petition, under Article 226 of the Constitution
of India, is filed seeking the following relief:
"to pass an order or direction more particularly one in the nature of
Writ Mandamus to declare the action of the respondents more
particularly the 8th respondent issued letter vide Letter No.C.375*VP
leasing by OZ Rly/PBm dated 09.01.2023/06-01-2023 no permission
granted for loading/unloading of 05 tonnes of perishable i.e.
Hatching Eggs & Fresh Fish consignment at Howrah platform
to/from VP attached in Train by train No.02704/12703 Special
(Corresponding to regular time table train No.12704/12703
Falaknuma Express) Ex.SC-SHM-SC pursuant to the o rders of this
Court in W.P.No.41822 of 2022m dated 17.11.2022 and as well as
order of this Hon'ble Calcutta High Court in respect of W.P.A
No.21850 of 2022 and WPA No.21852 of 2022, dated 23.09.2022 as
illegal, arbitrary and unconstitutional and set aside and the same
and consequently direct the 8th respondent to permit me for 05
tonnes unloading of perishable i.e., Hatching Eggs & frsh Find at
Howrah Station in Train by train No.02704/02703 special
(corresponding to regular time able train No.12704/12703
Falaknuma Express) Ex.SC-SHM-SC and pass such other order or
orders."
2. Heard learned counsel for the petitioner,
Sri K.Mohan, learned counsel for respondent No.1 and
Sri Gadi Praveen Kumar, learned Deputy Solicitor of India
appearing for respondent Nos.2 to 9.
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3. It is the case of the petitioner that on 18.06.2021
respondent No.3 called for tenders for leasing of 23 tonnes
space in VPH by Train No.02704/02703 special
(corresponding to regular time table train No.12704/12703
Falaknuma Express) EX: SC-SHM-SC on round trip basis for
7 days a week for a period of five years for loading/unloading
operations of leased parcels and also loading/unloading
facility at intermediate stations as per tender notice. It is
further case of the petitioner that the tender submitted by
him was considered by respondent No.3 and accordingly,
respondent No.3 entered into an agreement with the
petitioner vide Agreement of Lease, dated 15.06.2021 for 23
(Twenty Three) Tonnes Parcel Space in VPH by Train
No.12704/12703 SC-HWH-SC Falaknuma Express EX-
Secunderabad - Shalimar-Secunderabad on Round Trip Basis
for all days in a week for a period of five (5) years i.e., from
22.09.2021 to 21.09.2026. It is further case of the petitioner
that as per tender conditions, he deposited an amount of
Rs.4,00,000/- as Earnest Money Deposit and an amount of
Rs.40,37,569/- towards security deposit as Bank guarantee
in favour of respondent No.3. It is further case of the
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petitioner that as per clause 8.18 of the Agreement of Lease,
the leaseholder is permitted to load/unload at intermediate
stations of GNT, VSKP & KUR, BZA and EE and thereafter he
shall be required to mention the name of intermediate
stations where he wants to carry loading/unloading
operations. It is further case of the petitioner that when the
respondents have not permitted for loading/unloading of
goods at intermediate stations, the petitioner submitted
representations, dated 25.10.2022, 26.10.2022 and
27.10.2022 before the respondents to permit him to
load/unload perishable goods i.e., Hatching Eggs and fresh
fish at Howrah Station Platform in VPH by Train
No.02704/02703 Special (Corresponding to regular time table
Train No.12704/12703 Falaknuma Express. When the
respondents have not considered the said representation, the
petitioner filed W.P.No.41822 of 2022 and this Court vide
order, dated 07.11.2022 disposed of the said writ petition
directing respondent No.8 therein to consider the
representations submitted by the petitioner and to accord
permission to load/unload perishable commodities to the
extent of five (5) tonnes at Howrah Railway Station and pass
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appropriate orders within a period of fifteen (15) days from the
date of receipt of a copy of said order. However, in
compliance with the order passed by this Court in
W.P.No.41822 of 2022, dated 17.11.2022, respondent No.5
passed, order, dated 06.01.2023, rejecting the claim of the
petitioner for loading/unloading of perishable commodities to
the extent of five (5) tonnes at Howrah Railway Station by
following reasons:
"Considering above facts, ground realities and keeping in mind the
safety and security of the travelling passengers, the undersigned is of
the opinion that the loading/unloading at platforms at Howrah
Station being one of the busiest stations in Indian Railways will be
counter productive.
Further, it has been reported that the lease who has been allowed
by Hon'ble High Court, Calcutta is found to be indulging in loading
beyond prescribed 05 tonnes of perishable goods which is
tantamount to violating the order of Hon'ble Court. As there is no
scope to weigh the VP after platform loading of 05 tonnes the VP has
to run without weighment check. These VPs are attached with
passenger carrying trains, thus excess loading may lead to carrying
of consignments in VPs more than the permissible carrying capacity
of the VP infringing the safety and security of the passengers
travelling in the train.
Considering these aspects, Railway has filed an appeal (MAT
12/2022) on 22.12.22 before division Bench of Hon'ble High Court,
Calcutta against the order of Hon'ble High Court, Calcutta in WPA
No.12872 of 2022. Hearing to this effect was held on 04.01.2023
before the assigned Division Bench of Hon'ble High Court, Calcutta,,
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Hon'ble Division Bench directed the respondent to file objection to
the petition for condonation of delay within 07 days.
Thus, after going through the case in detail and taking into account
all the aspects of the case, it is decided that no permission should be
granted for loading/unloading of 05 Tonnes of perishable
consignment at Howrah platform to / from VP attached in Train
No.12704/12703. The directions of the Hon'ble High Court of State
of Telangana at Hyderabad vide para 6 of the order dated 17.11.22 in
WPA No.41822 of 2022 is thus complied with."
4. Learned counsel for the petitioner submitted that
in similar circumstances when respondent-Railways have not
allowed the similarly situated persons for loading/unloading
of perishable commodities at Howrah Station, they filed WPA
No.12872 of 2022 before High Court of Calcutta and the said
case was disposed of vide its order, dated 06.07.2022
directing the respondents to relax/modify the conditions of
Agreement of Lease to enable the petitioners therein to
load/unload the perishable commodities. Questioning the
said orders of learned Single Judge of the High Court of
Calcutta, the respondent-Railways filed an appeal in MAT
No.12 of 2023 before High Court of Calcutta and a Division
Bench of High Court of Calcutta vide its order, dated
03.02.2023, as an interim measure, permitted the petitioners
therein to make a representation for loading/unloading of the
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goods on consignment to consignment basis if the goods are
perishable in nature. Operative portion of the said order
reads as under:
"Considering the questions raised and the balance of convenience we
stay further operation of the impugned judgment and order dated
06.07.2022.
However, as an interim measure we order that on a consignment to
consignment basis, the respondents shall be free to approach the
appellant Railways with a representation that the cargo or a part of it
is perishable in nature and that the whole or any portion thereof be
allowed to be loaded into the wagons not beyond four hours of
departure of the train. The representation may also include the
necessity of loading the cargo from the platform.
If such request is made by the respondents not later then 12 hours
before departure of the train the Railways shall consider it fairly,
reasonably and within the shortest period of time, not later than 6
hours before the departure of the train in accordance with law,
particularly the 2014 Parcel Van leasing policy."
5. Sri K.Mohan, learned counsel for respondent No.1
submitted that since the matter is sub judice before a
Division Bench of High Court of Calcutta, the interim orders
passed by the Division Bench of High Court of Calcutta
cannot be treated as a precedent in the present writ petition
and hence, he prays to dismiss the writ petition.
6. This Court without going into the merits of the
case, since in similar circumstances a Division Bench of High
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Court of Calcutta in MAT No.12 of 2023, as an interim
measure, directed the respondents therein to make a
representation to the Railways duly incorporating the
necessity of loading the cargo from the platform, on such
request being made by the respondents therein not later than
12 hours before departure of the train, the Railways was
directed to consider it fairly, reasonably and within the
shortest period of time, not later than 6 hours before the
departure of the train, in accordance with law, particularly
the 2014 Parcel Van Leasing Policy, this Court deems it
appropriate to dispose of the present writ petition in terms of
the interim order passed by the High Court of Calcutta in
MAT No.12 of 2023, dated 03.02.2023 directing the petitioner
to make a representation before the respondent - Railways for
loading/unloading of five (5) tonnes of perishable i.e.,
Hatching Eggs and Fresh Fish consignment at Howrah plot
form to/from VP attached in Train by train No.02704/02703
special (corresponding to regular time table train
No.12704/12703 Falaknuma Express) EX:SC-SHM-SC. If
any such representation is filed, the same shall be considered
by the respondent-Railways, in accordance with law. It is
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made clear that any permission granted to the petitioner shall
be subject to result of the appeal i.e., MAT No.12 of 2023
pending before the High Court of Calcutta.
7. With the above observations, the Writ Petition is
disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ of
Petition shall stand closed.
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JUSTICE C.V.BHASKAR REDDY
Date: 18.06.2024
YVL
