( 1 ) THESE writ petitions have been filed by the petitioner-Gujarat Steel Tubes Limited aggrieved by rejection of their application filed under section 55 of the Major Port Trusts Act, 1963 (for short "the Act") for refund of alleged excess wharfage charges paid on steel coils and uncoated pipes under mistake,to the respondent Kandla Port Trust. The sole ground of rejection of the refund claim is that it is barred by limitation being beyond the prescribed period of six months under section 55 of the Act.

( 2 ) THE petitioners case is that in accordance with notification dated 26. 6. 1975 issued by the Kandla Port Trust under section 48 of the Act read with section 52 , wharfage at the rate of Rs. 12. 00 per 1000 Kgs. under Entry 44 (i)- Metal and Metal products, not otherwise specified was required to be charged from the petitioner. But excess wharfage at the rate of Rs. 21. 60 per 1000 Kgs. under Entry 75 `unspecified items heavy lifts each weighing 3 tons or above, has been charged from it. The petitioners further case is that excess wharfage was paid under mistake for various periods. At the time of hearing of these petitions, learned counsel for the peti