9911796707
TMI Blog2002 (10) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... servants and the respondents and their officers may be restrained from interfering with the working of the railways. (ii) by an appropriate writ, order or direction or in alternative the section 78 as a whole may be declared illegal and be struck down and it may be declared that the respondents and their officers are not empowered to interfere in the working of the railways. (iii) any other appropriate writ, order or direction which this honourable Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners." 2.. The case of the petitioner is that the employees of the Northern Railway book the goods for transportation to various stations and also deliver the goods, which ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the tax of State is duly paid by the consignee. The allegation of unnecessary interference in the functioning of the railway administration is denied. It is relevant to extract the averments made in para 12 of the reply to writ petition: "12. That the averments made in para No. 13 of the writ petition are not admitted in the manner, the same are stated. It is denied that the respondents started interfering in any manner with the functioning of the petitioners and other employees at a railway station since October, 1988 or before or thereafter. The respondents are only making efforts to discharge their duties to check and prevent the evasion and avoidance of tax. It is also denied that the petitioners have made any efforts to co-operat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are stating that while the entire automobile market, particularly of tyres, is concentrated at Chopasni Road which is nearer to the Jodhpur Railway Station, the tyres were being consigned to Mandore Railway Station which is about 10 kilometres from the market. Being suspicious about the destination of tyres at Mandore, the provisions of section 22A of the Act of 1954 were invoked to know the identity of the consignees who were lifting the tyres from Mandore Station. A list of such consignees has already been annexed with the reply to the original writ petition showing the names of consignees and addresses furnished by the railway authorities and in all cases, the consignees were not traceable at the addresses given by them. Even the proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where intensity of checking is not there." 6.. Mr. Sagarmal Mehta, Advocate-General for the State of Rajasthan made a statement that if there are any suggestion from the railway administration for giving effect to section 78 of the Act of 1994, the same shall be considered in the right perspective by the State. It is further submitted that the provisions of section 78 shall be invoked only in a case where it is utmost necessary. 7.. On careful consideration of the entire matter, we are of the view that the writ petition is misconceived. The allegation made are vague. However, in view of the statement made by the AdvocateGeneral, if the railway administration has any difficulty they can approach to the State authorities and find out the w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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