Gauhati High Court

Writ of Mandamus cannot be issued to alter railway stoppage times or bypass alternative remedies for freight refunds.

City Link Express vs The Union Of India And 5 Ors

Gauhati High CourtJUDGMENT: April 27, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 3

At 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, 7

On 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. 6

The 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. 2-3
02

Issues

1. Whether the Court can issue a Mandamus directing the Railway Authorities to provide specific halting times at intermediate stations

Source reference: p. 7-8

2. 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. 8
03

Law 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. 4

Clause 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. 5

The 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. 8
04

Reasoning

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, 7

The Court held that fixing train stoppage times requires technical expertise and interference by the judiciary would disrupt railway operations

Source reference: p. 7-8

Regarding 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. 8
05

Holding

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. 8-9
Gauhati High Court

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City Link ExpressvsThe Union Of India And 5 Ors

Gauhati High Court · April 27, 2026

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