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1997 Supreme(SC) 233

S.B.MAJMUDAR, A.S.ANAND
Visakhapatnam Port Trust – Appellant
Versus
Ram Bahadur Thakur Private LTD. – Respondent


JUDGMENT

S.B. Majmudar, J.—These three civil appeals on grant of special leave to appeal under Article 136 of the Constitution of India bring in challenge a common judgment and order rendered by a Division Bench of the High Court of Andhra Pradesh dismissing two writ appeals moved by the appellant The Vishakhapatnam Port Trust and its Traffic Manager, and allowing one writ petition moved by the respondent-writ petitioner against the present appellants. The said common judgment and order dated 1st October 1992 are assailed by the appellants on diverse grounds which will be highlighted in latter part of this judgment. The main grievance of the appellants centers round the question of levying of appropriate handling charges from various shippers who seek to export manganese ore from the wharves of the appellant’s Port. In order to appreciate this grievance it is necessary to note a few relevant introductory facts.

2. The respondents in these appeals were the original writ petitioners before the High Court. They are dealers in manganese ore. They export manganese ore through the Minerals and Metals Trading Corporation of India. For exporting the said ore they naturally require the servic

























































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