ATLANTIC SHIPPING PVT.LTD Vs. KANDLA PORT TRUST

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the letter dated 21/07/2003, subsequent bill dated 02/07/2003 (Annexure D collectively) as well as the letter dated 29/01/2004 (Annexure -H) by which the petitioner was called upon to pay a sum of Rs. 3,83,763/- with 24% interest, being the short levy charges.

(2.) THE main grievance on behalf of the petitioner is that before making the demand of short levy charges the respondent-trust has not followed the procedure as required under Section 56 of the Major Port Trust Act and, therefore, it is the case on behalf of the petitioner that the new demand on the amount of short levy charges is absolutely illegal, arbitrary and against the principles of natural justice and against the procedure, which is required to be followed under the Major Port Trust Act.

(3.) SHRI Dhaval Vyas, learned advocate appearing for Shri Rajpuriya, learned advocate appearing on behalf of the respondent-trust is as such not in a position to dispute that as such the controversy raised in the present Special Civil Application is squarely covered by the decision of the learned Single Judge in the aforesaid Special Civil Application. However, has requested to make a suitable observation that this Court has not expressed any opinion on merits with respect to the short levy charges and to observe that the impugned order has been set aside solely on the ground that the procedure as required under Section 56 of the Major Port Trust Act has not been followed.