IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13958 of 2011 M/S Sri Salasar Trading Company through its Proprietor Arun Kumar Kalothiya S/O Sri Murlidhar Kalothiya, Shop No.-72, Main Bazar Prangan, Takiya, P.O. & P.S.- Sasaram, Distt.- 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, Distt.- Vaishali 3. The Chief Commercial Manager, East Central Railway, Hajipur, Vaishali 4. The C.F.T.M., East Central Railway, Hajipur, Distt.- Vaishali 5. The Divisional Railway Manager, Mugalsarai Division, East Central Railway, Mugalsarai, Distt.-Chandauli (U.P.) 6. The Senior Divisional Commercial Manager, East Central Railway, Mugalsarai Division, Mugalsarai, Distt.- Chandauli (U.P.) 7. The Senior Divisional Operating Manager, East Central Railway, Mugalsarai Division, Mugalsarai, Distt.- Chandauli (U.P.) 8. The Divisional Commercial Manager, East Central Railway, Mugalsarai Division, Mugalsarai, Distt.- Chandauli (U.P.) 9. The Station Manager Cum Goods Superintendent, Sone Nagar Railway Junction , E.C. Railway, Distt.- Aurangabad (Bihar). ……………Respondents. For the petitioner :Mr. Krishna Mohan Murari, Advocate. For the respondents :Mr. Mahesh Prasad, Advocate. ---------------------------------- 03/ 03.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging letter no.184 of 2007 dated 14.07.2008 issued by Senior Divisional Commercial Manager, East Central Railway, Muzaffarpur rejecting the appeal filed by the petitioner ex-parte without providing him any opportunity of hearing and also for a direction to dispose of the second appeal preferred by the petitioner before the General Manager, East Central Railway, Hajipur on 10.10.2008 for final adjudicating the matter after waiving wharfage charged upon petitioner - 2 - amounting to Rs.4,34,036.00 which was illegally charged from the petitioner for no laches or fault on his part in stacking of 12415 bags paddy at Sone Nagar Railway Junction in the month of January, 2007 and for other ancillary reliefs. 3. Learned counsel for the petitioner submits that against the ex-parte order of Senior Divisional Commercial Manager dated 14.07.2008 he filed a memo of appeal dated 10.10.2008 (Annexure-2) giving the details of the facts, grounds and his claim but although more than three years have lapsed, no order has been passed by the said authority. 4. Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the General Manager, East Central Railway, Hajipur (respondent no.2) to decide the matter in accordance with law by a speaking order after giving an opportunity to the petitioner to plead his case as per his application dated 10.10.2008 and to produce materials, if he so likes. However, the petitioner will immediately approach the said authority within 15 days from today along with a copy of the aforesaid memo of appeal dated 10.10.2008 as well as a copy of this order and shall comply the directions of the said authority with respect to hearing and evidence immediately and the said authority shall decide the matter expeditiously preferably within three months thereafter. Harish (S.N. Hussain, J.)