WP(C) 400/2008 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Dr. AK Saraf, learned counsel for the petitioner and Mr S Sarma, l earned Standing Counsel, NF Railway. The grievance of the petitioners as highlighted in the present writ peti tion is that they had booked a consignment of coal in one rake consisting of 41 BCN/BCNA wagons from Goalpara town to Meerut in Uttar Pradesh on 29.1.08. Accord ing to the petitioners, as the Railway do not have a weighbridge at the point of origin i.e. Goalpara town, the coal was loaded on volumetric basis in accordanc e with the prevailing practice. Thereafter, according to the petitioners, Railwa y receipts were issued and on the basis of the weight recorded in such manner fr eight was determined and deposited on 29.1.08. The petitioners have further stat ed that the rake while enroute to its destination was re-measured in the Rangapa ni Weighbridge in a Railway Motion Weigh Bridge. The petitioners understand that some excess weight has been found in such re-weighment at Rangapani Weighbridge and as the said weighbridge has been found to be reflecting wrong measurements, as evinced by the earlier litigations in the matter, the petitioner had put in a request for re-weighment of the rakes at their cost. The same not having been allowed, the present writ petition has been filed. Dr. Saraf, learned counsel for the petitioners has drawn the attention o f the Court to an order dated 13.12.2007 passed by this Court in WP(C) 6390/07 w herein certain directions were issued by the Court to govern a more or less ide ntical situation. Such directions of the Court were issued after hearing Mr S Sa rma, learned Standing Counsel, NF Railway who is also present in the Court today and who has also been heard. As the stand of the petitioners that the present case is in no way simil ar to the facts involved in WP(C) 6390/07, which fact is admitted by Mr Sarma, l earned Standing Counsel, and also evident from the pleaded facts of the present writ petition and the facts set out in the order dated 13.12.2007, I deem it app ropriate to close this writ petition with the following directions :- i) The respondents would allow re-weighment of the petitioners’ coal rake i n any functional weighbridge on the route to the destination or at the destinati on point in accordance with the prevailing norms. Such re-weighment will be carr ied out in presence of the Station Master of the concerned Railway Station. ii) Before re-weighment is carried out in terms of the first direction issue d by the Court as above, the petitioners shall execute a bank guarantee to the s atisfaction of the respondent authorities in favour of the Divisional Railway Ma nager, Northern Railway, Muradabad Division making themselves liable to pay all the charges on account of extra freight, penal charges etc. in the event such ch arges become imposable following the re-weighment. iii) All expenses for the re-weighment shall be borne by the petitioners. iv) The respondent authorities shall release the petitioner’s coal immediate ly after the re-weighment is complete and all dues payable by the petitioners ar e cleared. v) On such dues being paid, the respondent authorities would also release t he bank guarantee within a period of two weeks therefrom. The writ petition shall stand closed in terms of the above.