JUDGMENT :

SUVRA GHOSH, J.

1. The reliefs sought by the petitioners in the present application are three fold:-

i. Direction upon the respondents to carry out the weighment of empty 23 tonne VP No. WR 008490 for ascertaining its correct weight upon payment of usual charges.

ii. Direction for taking necessary steps to rectify in-motion weigh bridge situated at Howrah.

iii. Direction upon the respondent authorities to refund the punitive amount deposited with the Railways to the tune of Rs. 1,11,745/- if it is found that the tare weight exceeds the declared weight.

2. The first and second prayers of the petitioners have been addressed by the railway authorities in compliance with the order by this Court dated 26th November, 2019 and the empty tare weight has been found to be 30.70 tonnes.

3. It is contended on behalf of the petitioners that the petitioners entered into an agreement with the Divisional Commercial Manager, Tinsukia Division of North-East Frontier Railway for leasing of 23 tonnes parcel van on round trip basis by train no. 15960/15959 Kamrup Express, (Dibrugarh to Howrah) for a period of five years from 2nd August, 2017 to 1st August, 2022 subject to payment of lump sum freig