JUDGMENT : SUBHENDU SAMANTA, J. The petitioner No. 1 is an association of salt importers of State of West Bengal who import iodized salt meant for human consumption from other State. For importing such salt, termed as non-refined salt meant for human consumption, there is a freight rates of the Ministry of Railways for transporting the same through rakes. Initially Railways issued circular dated 27 th of November, 2012 granting concession in freight rates of salt meant for human consumption subject to production of certificate by the authorized official of Salt Commissioner stating the nature and category of slat to be transported through such rakes. To give preference in booking of rates and conception in freight rates for importing iodized salt from outside State of West Bengal, a committee was constituted by this Court and affirmed by Hon’ble Supreme Court and such committee was required to empanel the salt importers of West Bengal to recommend their names to Salt Commissioner, Government of India and the Salt Commissioner to empanel names from allotment of rakes to the Railway. 2. Accordingly, the name of empanel importers were recommended by the said Committee to the Salt Commissioner and the Salt Commissioner, Government of India, forwarded the same to the Railway by issuing programme for allotment of rakes. However the office of Salt Commissioner was closed by the Government of India and there are no authorized officials to issue certificate. The Railway issued a circular dated 9 th of August, 2024 directing that the concession will be granted on movement of salt meant for human consumption with the names of consignor/consignee by the State authority to the Railways. The Railway also issued another circular dated 9 th of September, 2024 that surprise check would be carried out to detect mis-declaration of goods to avoid consumption of freight rates by the importers. Railways started checking nature and category of salts from the loaded wagons by drawing samples from one to two batch behind the back of the consignor and alleged that the same as mis-declaration in nature and category of loaded salt and imposed penalty. 3. Railways started checking nature and category of salts from the loaded wagons by drawing samples from one to two batch behind the back of the consignor and alleged that the same as mis-declaration in nature and category of loaded salt and imposed penalty. 3. Thereafter some meetings were held between the Railways and other Government department by such Railway issued another circular dated 14 th of May, 2025 stating that the State will submit programme to Railway mentioning the names of the consignor/consignee and the consignors in place the indent and upload the authorization (programme of State Government) and also upload the Quality Certificate issued (signed and stamped) by the designated/authorized laboratory of State Government. 4. It is the allegation of the petitioner that some unscrupulous importers started bringing non iodized salt by Railways rakes without taking benefits of concession and the Railways to earn revenue allowed import of such salt without check quality. 5. It is the case of the petitioner that in pursuance to unanimous complaint by some persons, the Railway authorities started checking the consignment violating the circular dated 14 th of May, 2025 and tried to impose heavy penalty upon the empanel importers. One of such importers as written a letter to the petitioner that in spite of quality control certificate Railway only with a motive to earn more revenue is trying to declare the nomenclature of salt contrary to the non-refined iodized salt meant for human consumption. By such they are not in a position to load the rakes in terms of the programme. 6. It is the contentions of the petitioner that the act and action of the Railway authority de-hors to the circular dated 14 th of May, 2025 so the Railway authority may be directed to act in accordance with notification dated 14 th of May, 2025. 7. Learned counsel appearing on behalf of Railway raised strong objection and submits that the Railway is acting within the authority. During transportation of any goods they have authority for surprise check to detect misrepresentation of the goods by such way the Railway authority actually wanted to check the quality of the salt supplied by the exporters to the petitioner. 8. It is the further contentions of the Railway authority that the purpose and manner of checking the quality of the salt can only be apprise before this Court by using affidavit to that effect. 8. It is the further contentions of the Railway authority that the purpose and manner of checking the quality of the salt can only be apprise before this Court by using affidavit to that effect. 9. Learned counsel appearing on behalf of private respondent No. 7 submits that in the name of surprise check to detect misrepresentation the Railway authorities are threatening to the private respondent. Thus, they are in fear to transport the non-refined salt for human consumption to the petitioner. 10. Having heard the learned counsels for the parties; considering the entire matter before this Court it appears that the petitioner has approached this Court seeking mandamus upon the Railway authorities so that the Railway authorities may act in accordance with the circular dated 14 th of May, 2025. The circular dated 14 th of May, 2025 is placed in the record as annexure P-5, the necessary portion for the said circular of Railway is set out for better appreciation of the fact: “No.TC-1/2019/101/1(3318665) New Delhi, dt.14.05.2025 General Manager All Zonal Railways Sub: Registration of indent under e-RD in case of Salt Traffic Ref: (i) Addendum No.06 of Rates Master Circular/e-RD/2019/0 dt.09.08.2024 (ii) PTO GO No.99 circulated vide No. 2020/TT-III/I/I dt.27.03.2025 Please refer to Board’s circular under reference (i) stipulating guidelines regarding registration of indent under e-RD in case of Salt Traffic. Preferential Traffic Order GO No.99of Allotment of Wagons has been issued vide PTO under reference (ii). Accordingly, it has been decided to revise the guidelines regarding registration of indent under e- RD in case of Salt Traffic by modifying Para 7.1.1(c) of Rates Master Circular/e-RD/2019/0, as under: Existing Guidelines Revised Guidelines 7.1.1 (c) Salt Traffic- In case of Salt Traffic, concerned zonal railways will take up the matter for provision of linkage between FOIS and corresponding system of respective State Government authority to enable electronic validation of details provided by customers with regard to Salt Traffic. Till electronic system is set up, following procedure will be followed- For the States of West Bengal, Assam, Sikkim and Tripura The competent authority of concerned Department of State Government (viz. Food, Public Distribution and Consumer Affairs Department) will submit their programme to the Railways mentioning the name of the consignor/consignee. The consignor will place the indent and upload the authorization of the state government. Food, Public Distribution and Consumer Affairs Department) will submit their programme to the Railways mentioning the name of the consignor/consignee. The consignor will place the indent and upload the authorization of the state government. For the states other than West Bengal, Assam, Sikkim and Tripura The customer will upload scanned copy of certificate validated (i.e. signed and stamped) by concerned Salt Commissioner Office while registering rake requirement in e-RD. At the time of sanctioning the rake requirement, railway authority will view the uploaded copy of Forwarding Note and cross-check the rake requirement against the already sanctioned program. Once the rake requirement is sanctioned, the customer can place e-demand against the sanctioned program. 7.1.1 (c) Salt Traffic- The concerned Zonal railways will take up the matter for provision of linkage between FOIS and corresponding system of respective State Government authority to enable electronic validation of details provided by customers with regard to Salt Traffic. Till electronic system is set up, following procedure will be followed- For the States of West Bengal, Assam, Sikkim and Tripura The competent authority of concerned Department of State Government (viz. Food, Public Distribution and Consumer Affairs Department) will submit their programme to the Railways mentioning the name of the consignor/consignee. The consignor will place the indent and upload the authorization of the state government. The consignor will also upload the Quality Certificate issued (signed and stamped) by the designated/authorized laboratory of State Government. For the states other than West Bengal, Assam, Sikkim and Tripura The consignor will obtain Quality Certificate issued by the designated/authorized laboratory of State Government and will upload scanned copy of the certificate validated counter signed (i.e. signed and stamped) by (i) Joint Industries Commissioner (Salt- Textile), Industries Commissionerate, Government of Gujarat or (ii) Additional Director, Office of the Commissioner, Industries & Commerce, Government of Rajasthan, or their authorized representatives while registering rake requirement in e-RD. At the time of sanctioning the rake requirement, railway authority will view the uploaded copy of Forwarding Note and cross-check the rake requirement against the already sanctioned program. Once the rake requirement is sanctioned, the customer can place e-demand against the sanctioned program. These guidelines will be implemented with immediate effect. CRIS/FOIS will make requisite provision in the system. This issues in consultation with Traffic Transportation and Finance directorates of Railway Board." 11. Once the rake requirement is sanctioned, the customer can place e-demand against the sanctioned program. These guidelines will be implemented with immediate effect. CRIS/FOIS will make requisite provision in the system. This issues in consultation with Traffic Transportation and Finance directorates of Railway Board." 11. From the above circular it appears that for the State of West Bengal, Assam, Sikkim and Tripura. The consignor has a duty to place the indent and upload the authorization of the State Government. The consignor is also directed to upload the Quality Certificate issued (signed and stamped) by the designated/authorized laboratory of State Government. But it appears that for the State other than West Bengal, Assam, Sikkim and Tripura there is a provision of cross check of the rakes in respect of the already sanctioned programme. 12. It is the contentions of the Railway authority that for the purpose of surprise check and to detect the misrepresentation they used to check samples of salt from the consignment. 13. The learned counsel appearing on behalf of the Railway Board could not place any notification or authorization or circular of the Railway Board that the consignment for the State of West Bengal, Assam, Sikkim and Tripura, a cross checks can be done. 14. After considering the entire matters it appears to me that the Railway authority cannot cross check the consignment of salt for human consumption for the programme of State of West Bengal, Assam, Sikkim and Tripura by taking surprise check and cross check like other State. 15. The respondent authorities are directed to submit an affidavit-in-opposition against the writ petition, stating thereby manner of cross check and surprise check conducted by the authority in respect of the salt. Let the affidavit be placed within three weeks from date. Reply, if any, by the petitioner within two weeks thereafter. 16. Considering the fact that the petitioner could not participate in the 1 st and 2 nd programme for this year and the 3 rd part of the programme has already been started on 30 th of July, 2025 and going to end on 12 th of September, 2025, I think it necessary to pass an interim order to protect the interest petitioner. 17. Under the above observations, there shall be an interim order in terms of the prayer “F” of the writ petition till a period of four weeks from date. 18. 17. Under the above observations, there shall be an interim order in terms of the prayer “F” of the writ petition till a period of four weeks from date. 18. Let the matter go out of list.