JUDGMENT

VENKATARAMIAH, J. — The precise question which arises for consideration in this petition is whether a suit filed by the State of Rajasthan against the Union of India for recovery of compensation for loss on account of the damage caused to the goods despatched through the Indian Railways in a Civil Court at Rajasthan is maintainable or whether it should be filed in this Court under Art. 131 of the Constitution.

2. The facts of the case are these. The District Administrator of Barmer in Rajasthan was in need of a certain number of tents and their accessories and at his request 170 bundles of tents and their accessories were despatched by the Chief Commandant, Mana Shivir (Raipur), Madhya Pradesh to the Collector. Barmer through the Indian Railways under R. R. No. 423978 dated Feb. 17, 1972 to be delivered at Barmer. No intimation was received about the arrival of the consignment at Barmer till Aug. 6, 1972. On hearing that the consignment had reached Barmer on August 6, 1972, the Additional Collector and the District Rehabilitation Officer went to Barmer on Aug. 6, 1972 for taking delivery but it was found that the packings of the goods had been seriously damaged and as a con