Facts
The Petitioner entered into an Agreement dated 31.08.2022 with the Railway Authorities for leasing parcel space in Train No. 12520 (Kamakhya – Lokmanya Tilak Terminus) on a round-trip basis for five years
Source reference: p. 3At the time of the Agreement, Kamakhya Station was either the originating or destination station. Subsequently, the train route was extended to Agartala, making Kamakhya an intermediate station
Source reference: p. 5, 7On 14.03.2024, the train stopped at Kamakhya for only four minutes, preventing the Petitioner from loading cargo despite having paid advance freight
Source reference: p. 6The Petitioner sought a Mandamus for 45-60 minute halts, a waiver of charges for the Kamakhya-LTT route, and a refund of freight charges for dates when loading was impossible
Source reference: p. 2-3Issues
1. Whether the Court can issue a Mandamus directing the Railway Authorities to provide specific halting times at intermediate stations
Source reference: p. 7-82. Whether the Petitioner is entitled to a refund of lease freight charges under the writ jurisdiction of the High Court for alleged service failures
Source reference: p. 8Law Applied
Clause 8.22 mandates that leaseholders must complete loading/unloading within the scheduled stoppage time at intermediate stations and strictly prohibits train detention for such purposes
Source reference: p. 4Clause 8.23, which provides a three-hour free time for loading/unloading, is applicable only when the station is an originating or destination terminal
Source reference: p. 5The principle of "alternative and efficacious remedy," noting that disputes involving factual adjudications of railway claims fall under the jurisdiction of the Railway Claims Tribunal
Source reference: p. 8Reasoning
The Court reasoned that since the train’s originating station shifted to Agartala, Kamakhya became an intermediate station, rendering Clause 8.23 (three-hour free time) inapplicable and activating Clause 8.22 (loading within scheduled stoppage)
Source reference: p. 5, 7The Court held that fixing train stoppage times requires technical expertise and interference by the judiciary would disrupt railway operations
Source reference: p. 7-8Regarding the refund of freight charges, the Court observed that the Petitioner’s claims (detailed in paragraph 11 of the writ) involved contested facts and evidence-based inquiries. Such factual disputes cannot be resolved under Article 226 of the Constitution, as the Railway Claims Tribunal is the proper forum for such adjudications
Source reference: p. 8Holding
The Court dismissed the writ petition. It held that the reliefs regarding mandatory halting times and freight waivers could not be granted as they interfere with administrative expertise and contractual obligations
The Court granted the Petitioner liberty to approach the Railway Claims Tribunal to seek a refund of payments under Clause 5.1 of the Agreement, clarifying that the dismissal of the writ would not prejudice such proceedings
Source reference: p. 8-9Original Court PDF
City Link ExpressvsThe Union Of India And 5 Ors
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