WP(C) 616/2008 BEFORE HON’BLE JUSTICE MR I. A. ANSARI Heard Dr. A. K. Saraf, learned Senior counsel, assisted by Ms. M. M. Kat oki, learned counsel for the petitioners, and Mr. S. Sarmah, learned Standing co unsel, N.F. Railway, appearing on behalf of the respondents. Perused the writ petition and materials on record including a copy of th e order, dated 13.03.2007, passed in WP(C) No. 1232/2007. The pleaded case of the petitioners is that they have booked a consignme nt of coal in one rake consisting of 40 BCN/BCNA wagons through the rail ways from Jogighopa to Chaneti in Uttar Pradesh on 18.02.2008. The coal was loa ded on volumetric basis as per marked height in the presence of the Railway Offi cials and other staff to their satisfaction. This had to be done as there was n o weighbridge at Jogighopa Railway Station. After such weighment, the railway r eceipts were issued by the authorities concerned at Jogighopa and the correspond ing freight, demanded by the Railways, was accordingly deposited on 18.02.2008. According to the petitioners, without their knowledge, the rake was re-weighed en route, at Rangapani, on the Railway Motion Weigh Bridge. The petitioner’s re quest for weighing the rake again at their cost and in their presence having bee n declined, they are before this Court. After hearing the learned counsel for the parties and on consideration o f the sworn statements made in the petition, I close this petition with the dire ction that (1) the respondents would allow re-weighment of the petitioners’ coal rake at Chaneti Junction Weighbride, Muradabad, U.P., in presence of the respon dent No. 11, Station Master, Chaneti Junction Weighbride, muradabad, U.P. (2) T he petitioners shall execute a Bank guarantee to the satisfaction of the respond ent authorities in favour of the respondent No. 9, Senior Divisional Commercial Manager, Northern Railway, Muradabad Division, Muradabad, U.P. Execution of th e Bank guarantee would be a condition precedent for re-weighment as ordered. (3 ) All expenses for the re-weighment shall be borne by the petitioners. (4) The respondent authorities shall release the petitioners’ coal immediately after the re-weighment is complete and all dues, payable by the petitioners, are cleare d. (5) On such dues being paid, the respondent authorities would also release t he Bank guarantee within a period of two weeks therefrom. It is further made cl ear that though the directions, given hereinabove, are in tune with the directio ns given in the order, dated 13.03.2007, abovementioned, these directions shall not form precedent for all cases, in general. The petition shall stand disposed of with the above observations and dir ections. No order as to costs.