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) 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:-
O R D E R 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Accordingly, writ petitions are dismissed as withdrawn with liberty as sought for in accordance with law.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