s^- HIGH COURT OF JUDIGATURE CHHATTISGARH : BILASPUR SINGLE BENCH : Hon'bleShri S.R.Nayak, C.J. Writ Pefition No.641 OF 2006 PETITIONER IWsShreeNakodalspatLtd., Near raihway crossing Mowa Raipur-492(»7 Through Manager, Shn Rajendra Thwari, S/o Shri B.N. Tiwari, ^ed about 32 years, Ratpur (C.G.) Versus RESPONDENTS 1. 2. 3. 4. Unionoflndia Through Secretary, Ministry of Raihirays NewDelhi. General Manager, S.E.C. Raihway, Headquarters Office, Bi|aspyr(C.GJ The Chief eommercial Manager S.E.C.Railway Bilaspur(C.G.) The Sr. Divisional Commercial hflanager, S.E.C.Raihway, Disfrict-Bilaspur Present: Shri H.S. Ahluwatia, leamedcounselfor the petitioher. ORALORDER (Passed on7"1 February,2006) The complalnt brought before ttijs Court by way of thiswrit petition could be aconiplaint that could be made before Uie Tribunal as envisageclunderSection36oftheRailwaysAct,1989(ibr'short'theAcf). ThedisputebroughtbeforetheCourtessentiallyfallswithinthedomainof appreciation of facts; therefore, it is appropriato that the petitioner, in the firet instance, should work out statutoryremedies provided under the Act. There is nojustification forthe petitioner to rush toftis Court underArtiele ^r u —2.- 226 ofthe ConstitutionwithoutexHaystingaltemative.efficacious statutory remedjes. On this short ground, 1 decline to entertain this writ petition. It isaccordinglydismissed.l-16wever,itlsdirectedthatifthepetitionerriles complalnt atong virith an applicatton for interlocutory order betbre the Tribunal under Section 36 of the Act, it is trusted thatthe Tribunal shall consider the sameand passapprppriate orderwithout much lossoftime. Sd/- Chief Justice S.Singh