Karnataka High Court
Association Of New Mangalore Port vs Union Of India on 19 August, 2019
Author: B.Veerappa
Bench: B.Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST 2019
BEFORE
THE HON'BLE Mr. JUSTICE B.VEERAPPA
WRIT PETITION NOS.28436-28438/2017 (GM-TEN)
BETWEEN:
1. Association of New Mangalore Port
Stevedores,
II Floor, West Gate Terminus
Falnir, Mangaluru - 575 002.
Represented by its President
Mr. Shekhar Pujari.
2. New Mangalore Port Clearing and
Forwarding Agents Association,
II Floor, West Gate Terminus
Falnir, Mangaluru - 575 002.
Represented by its President
Sri. Aziz Ahmed.
3. New Mangalore Port Users Welfare
Association,
West Gate Terminus, II Floor,
Opp. Unity Health Complex,
Mangaluru - 575 002.
Represented by its Secretary
Sri. Nithyanand Pai B.
... Petitioners
(By Sri. Shristi Widge, Advocate for
Poovayya and Company)
2
AND:
1. Union of India,
The Ministry of Shipping,
Government of India,
New Delhi - 110 001.
Represented by its Secretary.
2. New Mangalore Port Trust,
Panambur, Mangaluru,
Karnataka - 575 010.
Represented by its Chairman.
3. Tariff Authority for Major Ports,
4th Floor, Bhandar Bhavan,
Muzavar Pakhadi Road, Mazgaon,
Mumbai - 400 010.
Represented by its Chairman.
4. The State of Karnataka,
Department of Industries and
Commerce.
Vidhana Soudha,
Ambedkar Veedhi,
Bengaluru - 560 001.
Represented by Principal Secretary.
... Respondents
(By Smt. M.C. Nagashree, CGC for R1 to R3;
Ms. Niloufer Akbar, AGA for R4)
These writ petitions are filed under Article 226 of the
Constitution of India praying to issue a writ of mandamus or
any other writ, order or direction in the nature of mandamus
declaring Sections 42(3) and 42(3-A) of the Major Port Trusts
Act, 1963 as illegal, void ab initio and ultra vires the
Constitution etc.
These petitions coming on for Orders, this day, the
Court made the following:-
3
ORDER
The learned counsel for the petitioners has filed a memo seeking withdrawal of the writ petitions with liberty to file a fresh petition.
The memo is placed on record. Accordingly, writ petitions are dismissed as withdrawn with liberty as sought for in accordance with law.
Sd/-
JUDGE VBS