Karnataka HC asks lower Courts refrain from Attachment of Trains

karnataka-high-court-bangaloreBangalore: In a relief to the Railways, the Karnataka High Court has directed the executing courts in the State to refrain from passing orders attaching locomotives, bogies or other rail equipment in motion. The high court has directed the executive courts across the state not to pass order to attach or confiscate the railway engine, bogie or any such equipment which are in motion.

Justice A.S. Bopanna passed the interim order on a petition filed by the Railways while pointing out that the executing courts had been issuing warrants to attach rail engines in service on the track and causing hardship not only to the Railways but also to the travelling public. It was disrupting other trains on the track too.

In its petition, the Railways had questioned a warrant, issued by a court in Chitradurga in February, ordering the attachment of the Harihar-Bengaluru passenger train after the Railways failed to honour a decree passed by a civil court ordering payment of compensation to farmers whose land was acquired for a railway project.

Another train was attached for nearly two hours at Harihar on a similar case involving non-payment of compensation despite a decree. The Railways argued that the executing courts were passing such attachment orders despite the bar imposed under Section 187 of the Railways Act on taking over of certain types of Railway properties on execution of any decree or order of any court or local authority or any person having power to attach property without the previous sanction of the Union government.

Noticing that there was a specific restriction under Section 187 on taking over rolling stock, machinery, plant, tools, fittings, materials or effects used or provided by a Railway administration for the purpose of traffic on its rail line, or of its stations or workshops, for execution of decree or order of a court, the High Court said that the executing courts should refrain from attaching such properties.

Meanwhile, the High Court made it clear that the executing courts should not feel restrained to issue any other sort of orders for recovery of the amount to the decree holders, including the attachment of other properties, belonging to the Railways, including office equipment, furniture and the like.


Respite for Railways

  • The interim order follows a petition filed by the Railways

  • ‘Executing courts have been issuing warrants to attach rail engines in

    service on the track’

  • ‘It is causing hardships to the travelling public’

  • ‘Services of other trains are disrupted too’

 


 

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