MOHAMMAD RAFIQ, SUJOY PAUL
Union of India – Appellant
Versus
S. R. Ferro Alloys – Respondent
ORDER
Rafiq, C.J. --1. This writ appeal under section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellants (hereinafter referred to as “the appellants-Railways”) assailing the order dated 6.2.2020 passed by the learned Single Judge in W.P. No.1256/2018 (M/s S.R. Ferro Alloys vs. Union of India and others) whereby the writ petition filed by the present respondent (hereinafter referred to as “the writ petitioner”) has been allowed.
2. The respondent-writ petitioner in the aforesaid writ petition challenged the demand letter dated 15.5.2017 (Annexure P-10) and calculation sheet dated 18.5.2017 (Annexure P-12) whereby demand was made towards punitive charge for alleged overloading of loose Manganese Ore transported through Railway from Meghnagar (Madhya Pradesh) to Baraduar (Chhattisgarh).
3. According to the case set up by the writ petitioner in the memorandum of writ petition, it was a Partnership Firm registered under the Indian Partnership Act, 1932. The writ petitioner-Firm was engaged in the business of mining and in that connection it has to transport loose Manganese Ore throughout the country through Railways. Th
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