IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11616 of 2011 M/S Sri Salasar Trading Company through its Proprietor . Arun Kumar Kalothiya, son of Sri Murlidhar Kalothiya, resident of Shop No. 72 Krishi Bazar Pragan (A.M.Y.), Takiya Bazar, Sasaram, P.O. & P.S. Sasaram(T) owner, District Rohtas. … Petitioner Versus 1. The Union Of India through the Chairman, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi. 2. The General Manager, East Central Railway, Hajipur, District Vaishali 3. The Chief Commercial Manager, East Central Railway, Hajipur, Vaishali 4. The C.F.T.M., East Central Railway, Hajipur, District Vaishali 5. The Divisional Railway Manager, Mugalsarai Division, East Central Railway, Mugalsarai, District Chandauli (U.P.) 6. The Senior Divisional Commercial Manager, East Central Railway, Mugalsarai Division, Mugalsarai, , District Chandauli (U.P.) 7. The Senior Divisional Operating Manager, East Central Railway, Mugalsarai Division, Mugalsarai, District Chandauli (U.P.) 8. Divisional Commercial Manager, East Central Railway, Mugalsarai Division, Mugalsarai, District Chandauli (U.P.) 9. The Station Manager-cum-Goods Superintendent, Anugrah Narain Road Railway Station, E.C. Railway, District Aurangabad (Bihar) … Respondents ----------- For the Petitioner : M/s Bajrangi Lal and K.M. Murari, Advocates For the Railway : Mr. Mahesh Prasad, Advocate ----------- 02/ 10.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging demurrage charge statement issued by respondent no.9 on 11.03.2009, by which the petitioner was asked to deposit Rs.2,31,000.00 as demurrage charge, which, according to the petitioner, was illegally imposed on loading of 42 wagons of paddy goods at Anugrah Narain Road Railway Station without any fault of the petitioner, whereafter the petitioner had deposited the amount with protest vide money receipt no. 846387 dated 11.03.2009. 2 3. Learned counsel for the respondents submits that an appeal is provided against the impugned order and the petitioner has already filed application on 10.07.2009 (Annexures 3/A) before the authority concerned, which has been converted into an appeal, whereafter a separate appeal has been filed by the petitioner on 10.12.2010 (Annexure 4). 4. In reply learned counsel for the petitioner submits that after converting application of the petitioner in appeal, 10% was exempted by the authorities, against which he has filed an appeal on 20.08.2009, but the said appeal is not being disposed of by the Divisional Railway Manager, East Central Railway, Mugalsarai. 5. Considering the facts and circumstances as well as the materials on record produced by the parties, this writ petition is disposed of with a direction to the Divisional Railway Manager, Mugalsarai Division, East Central Railway, Mugalsarai (respondent no. 5) to dispose of the said appeal of the petitioner, which he has filed against the order passed by the Sr. C.F.T.M., East Central Railway Hajipur in accordance with law expeditiously, preferably within a period of two months from the date of receipt/production of a copy of this order. MPS/ ( S. N. Hussain, J.)