HINDUSTAN LEVER LIMITED Vs. BOARD OF TRUSTEES VISAKHAPATNAM

JUDGEMENT

(1.) The petitioner filed the petition seeking for a declaration by way of writ of mandamus that the impugned bill Nos. TM/FH/GB/1 to 4, dated 9/05/1990 are illegal and arbitrary and also for a direction riot to enforce the said bills.

(2.) It is averred in the affidavit filed in support of the writ petition that the 1st petitioner is a company limited by shares registered under the Companies Act, 1956 whereas the 2nd petitioner is an officer and shareholder of the 1st petitioner-company. The 1st respondent is a Board of Trustees of the Visakhapatnam Port constituted under and governed by the provisions of the Major Port Trust Act, 1963 (hereinafter referred to as 'Act'). The 1st respondent is an authority under the Control of Government of India and as such, constitutes State within the meaning of Article 12 of the Constitution of India. The 2nd respondent is an officer of the 1st respondent, who passed the impugned orders.

(3.) It is further averred that the petitioners seek to challenge the arbitrary increase retrospectively made by the respondents in the rates of licence fee for storage sheds at Visakhapatnam Port and the Bills issued on the basis of the revised rates retrospectively for the period between 1/04/1998 to 22/05/1990. Since 1978 the petitioners have been carrying on deep sea fishing operations and operating their trawlers from the fishing harbour of Visakhapatnam Port. The 1st respondent is in possession and occupation of storage sheds at the Auction hall Bays at Fishing Harbour within the limits of Visakhapatnam Port. The 1st respondent from time to time frames a scale of rates under a statement of conditions, under Sections 48 and 49 of the Act.