HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.16613 of 1999 Dated this the13th day of February 2008 Between: Port of Kakinada Harbour Crafts Pool, … Petitioner Kakinada, rep.by its Secretary, Kakinada, East Godavari District. AND Govt. of A.P., rep.by its Secretary, Transport, Roads and Buildings (Ports) Dept, Secretariat, Hyderabad and 4 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.16613 of 1999 ORDER: This Writ Petition has been filed by the petitioner-association seeking to declare the action of the respondents in disturbing the operation of cargo by the members of the petitioner-association through cargo boats and steel barges by allowing the cargo meant to be handled at the Ahchorage Port of Kakinada to be brought to the four shore connected berths in the Deep Water Port directly by the ships calling Kakinada Anchorage Port, as illegal and arbitrary. 2) The petitioner has no grievance against the respondents 4 and 5, who entered into an agreement with the Government for management and operation of the Deep Water Port. As per the condition No.2.19.1 of the concession agreement, the concessionaire would also be permitted to handle any bulk cargo of the kind not previously or presently handled by the Anchorage Port. Further, all cargo generated exclusively by the Concessionaire through their own efforts may be handled by the Deep Water Port. 3) The grievance of the petitioner is that the bulk cargo that was supposed to be handled by the Anchorage Port is being diverted by the Deep Water Port and getting unloaded. Thereby, the livelihood of the petitioner-association is being affected. Therefore, it is essential for the Government to formulate a policy distributing the various types of cargo, which have to be brought to the Anchorage Port. So that there will not be any discrimination left to the owners of the cargo to choose either Anchorage Port or Deep Water Port according to their choice. The policy decision has to be taken by the State Government as to which type of cargo has to be handled by which type of port and it is not the jurisdiction of this Court to formulate any policy or to issue any directions regarding the manner in which the cargo has to be handled. The State Government can be directed to consider his representation of the petitioner-association regarding the categorization of the cargo, which has to be handled by the Anchorage Port. 4) In the light of the above circumstances, the Writ Petition is disposed of. The petitioner-association is directed to submit a representation to the State Government and the State Government after examining the representation, shall pass appropriate orders according to law, within six months from the date of representation. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 13.02.2008 Isn