K RAMACHANDRA NAYAK Vs. MANGALORE PORT OLD PORT

JUDGEMENT

(1.) IN these Writ Petitions the petitioners are the lessees of port land. They are aggrieved by the imposition of penalty and seek to quash the impugned demand notices. The main contention of the petitioners is that the Port Officer who has issued the impugned demand notices has no power or authority under Rule 20 of the karnataka Port (Landing and Shipping Fees) Rule 1964 (hereinafter referred to Rules in short) to impose the penalty as the amount of penalty is in excess of Rs. 100/-, urging various contentions and placed reliance upon the Notification dated 11. 9. 1981.

(2.) STATEMENT of objections if filed by the respondents justifying the imposition of penalty upon the petitioners in all these petitions and have prayed for dismissal of these Writ Petitions, as holding there is no merit in these petitions.

(3.) UNDER Rule 20 of the Rules referred to above, the Port Officer can impose penalty not exceeding one hundred rupees and in any other case by the Director of Ports and Inland Water Transport. In the instant cases, the penalties imposed by the Port Officer upon the petitioners by the impugned demand notices are in excess of one hundred rupees, therfore he had no power to impose penalty above one hundred rupees upon the petitioners. Hence the imposition of penalty upon the petitioners by the Port Officer is without competence under Rule 20 of the Rules for the reason that the provision of Section 4 of the KP (L and SF) Act 1961 the State government has framed the Rules referred to supra conferring powers upon the State Government to exercise their powers by such officers as prescribed under Rule 20 of the Rules namely the Officers of the Ports for imposing the penalty upon the licensees who are in occupation of the premises of the port. Rule 20 of the Rules, confer power upon such officers depends upon the quantum of money that is required to be imposed as penalty on the licensees under the provisions of the Act and Rules. Therefore the imposition of penalty upon the petitioners by passing the impugned orders by the Port officer are bad in law as the port officer was not competent to pass orders and impose penalty amount beyond Rs. 100/ -. Therefore the impugned orders are liable to be quashed.