Jasbir Singh, J.

1. This order will dispose of two Civil Writ Petitions No. 10546 and 10647, both of the year 2009, as common question of law and facts is involved in both these cases. For facility of dictating order, facts are being taken from C.W.P. No. 10546 of 2009.

2. The petitioner - Company is engaged in the business of manufacture, sale and supply of iron and steel. It booked a consignment with Indian Railways for transportation of (total 57 Wagons) iron and steel in the form of M/s (Billets and Blooms) from Rourkela to its branch office at Mandi Gobindgarh. Part of the consignment was to be delivered to M/s Jai Ambey Enterprises, and M/s Adhunik Ispat Pvt. Ltd. at Mandi Gobindgarh. Material was booked against receipt dated July 11, 2009. The petitioner paid an amount of Rs. 69,00,000/- towards freight. After loading, consignment was weighed, under supervision of the Railway staff, on a Weigh Bridge at Bondamunda. On July 14, 2009, before the consignment reached at its destination, the respondents raised a demand of Rs. 41,94,249/- as penalty, on the ground of over-weight. The claim was raised on the basis of en-route weighment of the material on Weigh Bridge at Mur