S.J. Mukhopadhaya CJ.—The writ petition has been preferred by the petitioners challenging the resolution of Board of Trustees of Kandla Port Trust dated 7.7.2009 and the consequential circular dated 29.10.2009 whereby the transfer fee in respect of transfer of sale of leasehold rights of a particular plot is sought to be levied with effect from 1.1.2004. Further prayer has been made to declare that the transfer fee in respect of transaction of transfer of plots, the basis and criteria adopted for determining the transfer fee is artificial, unrealistic, arbitrary and very antithetic to the underlying purposes of levy of transfer fee.

2. The first and the third petitioners are lessee, having leasehold rights on residential plot No. 111, Sector-2 in the township of Gandhidham and plot No. A-119 of Kandla Port Trust in the area known as Bhaipratapnagar, Gandhidham respectively.

2.1 The second petitioner is the Gandhidham Property Dealers’ Association formed with an object to provide a platform to the grievances of inhabitants of the town relating to property matters and to solve property related grievances and the fourth petitioner a member of Gandhidham Chamber of Commerce and I