JUDGMENT

1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. Heard the learned counsel for the petitioner Shri Gautam Kumar Kejriwal and the learned counsel for the Respondent- Railways, Shri Kumar Priya Ranjan, Advocate.

3. The present writ petition has been filed for quashing the demurrage penalty imposed upon the petitioner to the tune of Rs. 5,60,700/-, by the respondent Goods Superintendent, Dauram Madhepura, East Central Railway, as also for quashing the letter dated 21.01.2020, issued by the respondent Divisional Railway Manager [Commercial] East Central Railway, Samastipur, whereby and whereunder the application of the petitioner for waiver of demurrage charges been rejected.

4. The brief facts of the case are that the petitioner had booked consignment of cement bags with the railways, to be transported by Railway Wagons. The rake of 42 wagons, containing the cement consignment of the petitioner had arrived at the Dauram siding on 27.09.2019, however, the petitioner could not unload the cement bags from the wagons within the stipulated