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Judgment
Heard the parties.
This application is directed against the order dated 25.09.2020 passed by the Divisional Railway Manager (Commercial) Samastipur. The petitioner is aggrieved by the imposition of demurrage charges demanded from him due to delay in lifting and releasing the rakes. Admittedly, he has already made good the demand made by the authorities. Earlier, the petitioner filed a writ petition bearing CWJC No. 21861 of 2018 wherein the impugned order was set aside and the matter was remanded to the competent authority for passing an order afresh. The stand of the petitioner is that the matter has now been decided by the Divisional Railway Manager (Commercial) East Central Railway, Samastipur while the competent authority is Goods Superintendent, East Central Railway, Laheriasarai, Darbhanga. He further contends that the competent authority is aware of the ground reality and can consider the issue in its right perspective. We, thus, propose to set aside the order and remand the matter back to the competent authority.
Mr. Amaresh Kumar Sinha, learned counsel appearing for the Railways has no objection.
In view of the aforesaid, we set aside the order dated 25.09.2020 passed by the Divisional Railway Manager (Commercial), Samastipur and remand the same to the Goods Superintendent, East Central Railway, Laheriasarai, Darbhanga, who shall hear the concerned parties and take a decision within six weeks from today.
The petition stands disposed off.