The release of wagons to the petitioner for lime loading out of turn, without prior notice and proper justification, violated Rule 201(10) of the Goods Tariff No.36 and subjected the petitioner to unreasonable prejudice or disadvantage, contravening Section 28 of the Railways Act.

G. P. SINGH, C.J. :- The grievance in this petition under Art.226 of the Constitution is that a show of preference was made in favour of the petitioner by the Railway authorities in allotment of wagons for transporting lime from Jabalpur railway station but in truth the petitioner was subjected to a great disadvantage with a view to harm him.

2. The petitioner is a partnership firm and carries on business of manufacture of lime at Katni. The petitioner also indents wagons for transportation of lime from Jabalpur. The petitioner transports lime from Katni to Jabalpur by trucks and then loads it in the wagons allotted by the railway for transportation to different places in India. Between 7th Apr. 1981 to 28th Apr. 1981 on various dates the petitioner indented for thirteen wagons as mentioned in Annexure-A. On 7th May 1981 the petitioner received information of release of ten covered wagons for loading lime. This order (Annexure-B) was issued on 6th May 1981 at 5-50 P.M. The petitioner could not load the wagons, for, according to him, the wagons were supplied much out of turn and the petitioner could not be ready with goods for loading in the wagons. The petitioner complained on 7th May 1981 itself that the out of turn supply of wagons was with a view to harm the petitioner and such an action would encourage bribery and other illegal practices in the matter of supply of wagons. The complaint made by the petitioner had no effect. The petitioner then filed the present petition for quashing the order allotting the wagons and for directing the respondents to keep the petitioner's indent alive and for restraining the respondents from indulging in the malpractice of giving mala fide priority out of turn in violation of the rules.

3. Notice for admission of this petition was issued to the respondents. In answer to the notice, return has been filed and the petition has been heard on merits.

4. The return justifies allotment of wagons under R. 201 of Goods Tariff No.36 on operational considerations. It is stated that a policy decision was taken to clear off lime indents before the outbreak of Monsoon for the reason that transportation of lime during rains gives rise to number of claims entailing heavy cost in litigation. It is submitted that it was for this reason that wagons for lime loading were released in preference to timber merchants.

5. Section 28 of the Railways Act prohibit;, a railway administration from making or giving any undue or unreasonable preference or advantage to, or in favour of, any person or any particular description of traffic in any respect whatsoever. The section further prohibits the railway administration to subject any particular person or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. S.27-A empowers the Central Government, in case it is of opinion that it is necessary in the public interest so to do, to direct any railway administration, by general or special order, to give special facilities for, or preference to, the transport of any such goods or class of goods consigned to the Central Government or to the Government of any State or of such other goods or class of goods as may be specified in the order. A direction under S.27-A by the Central Government is not deemed to be a contravention of S.28. The relevant provisions dealing with the registration of indents, allotment and supply of wagons are contained in sub-rules (l) to (20) of Rule 201. The procedure laid down in these sub-rules is to be followed subject to this that the Railway Administration, after due notice, can make temporary local variations in any of the sub-rules as they think fit to meet any exceptional circumstances or to prevent misuse. All demands for despatch of goods in wagon loads are entered in the wagon Demands/Priority Register maintained in the stations of goods sheds open for booking of goods in wagon loads. The prescribed registration fee is paid by