IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWENTY FIRST DAY OF AUGUST, TWO THOUSAND NINE WRIT PETITION No. 9714 of 2001 Between: Syed Musa … Petitioner And The Chairman, Railway Board, New Delhi, & others. … Respondents Counsel for the petitioner : Sri P.Radhakrishna Counsel for the respondents: Sri T.S. Venkataramana This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9714 of 2001 ORDER:- This writ petition is filed for a Mandamus to declare the action of respondent No.1 in revising the IRCA Goods Tariff No.43, Part-I, Vol.II, Chapter-I Page 139 from W/120 to W/130 as minimum weight condition for mangoes when loaded in BCN/BCNA wagons even before the test weighment was conducted by the South Central Railway, as illegal and arbitrary. After hearing the learned counsel for the petitioner and the learned Standing counsel, I am of the view that the petitioner availed a wrong remedy of filing this writ petition because under Section 36 of the Railways Act, 1989 (for short, “the Act”), he is entitled to file a complaint against railway administration inter alia against levying any other charge, which is unreasonable. While the case of the petitioner is that goods tariff No.43 was issued without conducting proper test weighment, as envisaged in circular dated 12.05.1999, it is the case of the respondents – railway administration that such a test was conducted and they also filed a copy of the test weighment data in the writ petition. Since the abovementioned disputed facts cannot be adjudicated in this writ petition, it would be more appropriate for the petitioner to avail the remedy, referred to above, under Section 36 of the Act. Accordingly, the writ petition is disposed of without going into the merits of the case and with liberty to the petitioner to file appropriate application before the Railway Rates Tribunal (for short, “the Tribunal”) within a period of eight weeks from today. If such an application is filed, the Tribunal shall entertain and dispose of the same on merits without raising any objection on the aspect of limitation. As a sequel to disposal of the writ petition, WPMP.No.12241 of 2001 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 21.08.2009 ES Note:- Issue C.C. in one week.