Court : Allahabad
Ashok Bhushan, J. This bunch of writ petitions challenge the Rate Circular issued by the Railway Board providing for realisation of penal demurrage/wharfage charges. In Writ Petition No.11168 of 2011, pleadings are complete, which writ petition is being treated as the leading writ petition. Reference of facts and pleadings in Writ Petition No.11168/2011, shall be sufficient for deciding all the writ petitions. Brief facts of the case are:The petitioners are Private Limited proprietorship concern/partnership concern involved in the trading of coal and are importing coal from outside the State of U.P. through railway wagons. Section 30 of the Railways Act, 1989 (hereinafter called the "Act, 1989") authorises the Railway Board to notify rates of demurrage and wharfage from time to time and to revise the same. Rates Circular No.74 of 2005 dated 19/12/2005, was issued by the Railway Board on the subject "Free time and rates of demurrage, wharfage and stacking charges". Paragraph 3.3 of the ...
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