( 1 ) THIS is an appeal directed against the order passed by the Learned single Judge dated 19/07/1988 whereby the learned single Judge has dismissed the writ petition. Aggrieved against this order the present appeal has been filed.

( 2 ) THE brief facts which are necessary for disposal of this appeal are that the petitioner filed the present writ petition praying that the circular dated 4/04/1981 issued by the Manager Traffic Operation, Haldia Dock Complex as regards the imposition of penal rate at three times of the ordinary rate of rent on cargo not cleared within the month of the date of landing at Haldia General Cargo Berth be quashed. This notification was issued on 4/04/1981 and it was brought into effect from 1st of April, 1981. This was challenged by the petitioner on the ground that this circular for levy of penal rent at treble rate of the ordinary rate is wholly bad in law and without jurisdiction. According to the Major Port Trust Act, 1963 this cannot be levied without the approval of the Central Government. It was submitted that this circular is dehors the provisions of the Major Port Trust Act, 1963. It was submitted that formation of opi