M/S Bansal Construction Co And ANR. v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/202/2022 M/s Bansal Construction Co and Another Vs.

The Lieutenant Governor and Others Mr.Mohammed Tabraiz .... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents April 09, 2024 [SR] Item No. 13 Petitioner seeks a direction upon the respondent no.3 to release three numbers of tippers from the port area so as to enable the petitioner to make available the same for inspection before the State Transport Authority.

Learned advocate appearing for the petitioner submits that, during the pendency of the writ petition, tippers were confiscated. The work, for which the trippers were brought, is now complete. Petitioner now seeks to take tippers back to the mainland. He submits that, the petitioner will apply under explanation 4 of Rule 6 of Rules and Scales of Rates for the Port Services to be levied at Ports of Andaman and Nicobar Islands, which may be directed to be disposed of expeditiously.

Administration is represented.

In the facts and circumstances of the present case, in my view, interest of justice would be sub-served by permitting the petitioner to apply under explanation 4 of Rule 6 of Rules and Scales of Rates for the Port Services to be levied at Ports of Andaman and Nicobar Islands, as prayed for, before the relevant authority. In the event such application is made, the authorities concerned will no doubt

consider the same in accordance with law and pass a reasoned order thereon after affording an opportunity of hearing to the petitioner. WPA/202/2022 is disposed of without any order as to costs. ( Debangsu Basak, J. )