( 1 ) THE petitioners have prayed for issuance of a writ of mandamus commanding the respondents (Railways) to allow reweighment of the entire coal consignment in question of 41 wagons and not to realise penal freight from them in respect of alleged excess weight of 1,000 M. T. (Metric ton), demurrage and wharfage. It is also prayed that the respondents be directed to realise from them only the normal freight of the excess weight to be found on remeasurement/ rewighment of the entire consignment.

( 2 ) THE case of the petitioners is that coal consignment of 41 wagons had been loaded at joglghopa Railway Station of N. F. Railway and forwarded for being delivered at the destination station-Meerut City Mandi siding of Northern Railway. A sum of Rs. 26. 28. 562 had been paid as freight charges. The loading had been done upto the marked height and the same had been properly checked by the railway authorities whereafter the wagons had been sealed. The loading was only upto the marked carrying capacity and in accordance with Rule 702 of Goods Tariff rules. The total quantity of coal loaded was 2396. 4 M. T. rounded off to 2397 M. T. Railway receipts were issued by the railwa