HALAR MARITIME AGENCIES Vs. GUJARAT MARITIME BOARD

JUDGEMENT

(1.) In this matter after issuance of notice by this Court respondent have appeared and filed their respective counter-affidavits. It was agreed by the learned Advocates for the petitioner and the respondents that the matter should be finally heard and decided, and accordingly the matter was heard on 20/09/1991, 24th, 25th and 26/09/1991 at length and since the matter is finally heard and is now being disposed of by this judgment following formal order is requitted to be passed :

(2.) Rule. Learned Advocate for the respondents waive service of rule, with the consent of the learned Advocates for the parties matter is finally heard on the aforesaid dates.

(3.) The petitioner is a proprietory concern carrying on business of Stevedoring and clearing agent at Bedi Port. It is challenging in this petition the action of the Gujarat Maritime Board in appointing landing and shipping contractor for the purpose of loading and unloading the goods at Bedi Port, and in further insisting upon the clearing and forwarding agents and Stevedoring agents to employ the servants of such duly appointed landing and shipping contractor. In order to properly appreciate the challenge of the petitioner to the action of the Gujarat Maritime Board it is necessary to state the relevant facts and simultaneously to refer to some of the relevant provisions of the Gujarat Maritime Board Act, 1981 hereinafter referred as ''the said Act" and regulations captioned as "Gujarat Maritime Board (Landing and Wharfage) Regulations, 1986", hereinafter referred to as the "said Regulations".