BHASKAR BHATTACHARYA, J. - (1.) This mandamus-appeal is at the instance of a writ-petitioner and is directed against the order dated 19th March, 2001 passed by the learned Single Judge thereby dismissing the writ-application.
(2.) In the writ-application, the appellant prayed for direction upon the Port Trust Authority to withdraw and cancel the revision in the scale of rent appearing in the circular dated April 4, 1981 thereby imposing treble the amount of the usual rent fixed on the consignments imported by the appellant and for the refund of the same to the tune of Rs. 2,74,239.90 p which the appellant had paid to the respondents pursuant to the demand of the respondent in tune with the said circular.
(3.) According to the writ-petitioner, due to stoppage of production at the factory of the appellant during the months of October, 1980 - January, 1981 and for the reasons of labour-troubles and power-shortage, the appellant was unable to release the consignments which had arrived between the months of December 1980 and February 1981. Those consignments were stored in the Custom warehouse in the port-area. The goods had been earlier removed from the Haldia Dock to the warehouse under the surveillance of the Customs authorities. The appellant claims that the Port Trust Authorities had wrongfully and illegally levied rent on the basis of penal rate, being three times the usual rent and according to the appellant, in the event of any change in the existing procedure in fixing the rate of rent, such fact must be made public and known to all concerned. The appellant contended that the circular dated April 4, 1981, had not been made public in any manner and at any rate, the same could not have any retrospective effect. The appellant asserted that the Board of Trustees under Rule 6(i) were entitled to charge the usual rent as mentioned therein after the lapse of three rent-free-days.;