1 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL, CIVIL JURISDICTION WRIT PETITION NO.1313 OF 2009 Mahendra Harischandra Koli )..PETITIONER Versus The State of Maharashtra & Ors. )..RESPONDENTS Mr. S.J. Chourasia i/b. Ashoka Law Firm, for the petitioner. Mr. S.S. Joshi, A.G.P. for respondent No.1. Mr. U.J. Makhija, Senior Counsel with Mr. S.K. Chari and Dipankar Das i/b. M. V. Kini & Co., for the respondent No.2. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATE : 23RD FEBRUARY, 2010 P.C. Rule. Heard forthwith. 2. The petitioner has approached this Court challenging the inaction on the part of the respondents in not granting registration to his fishing boat Kankeshwar Hanuman Prasanna at Sasson Docks as its operating port. In the rejoinder filed to the reply filed by the petitioner he has shown that on 22nd September, 2008 for the period from 1st January, 2007 to 22nd September, 2008 he has paid for 8 trips which works 2 out to Rs.17,071/- which includes interest thereon. 3. Reply has been filed on behalf of the respondents setting out that the boats which are not registered are charged on the basis of trips made and using the landing facility as per practice in vogue. The petitioner, it is submitted, was informed by letters of 27th October, 2004 and 29th January, 2005 to approach the office of the Inspector of Sasson Dock with all necessary documents and make payment of the4 outstanding dues . The petitioner did not comply with the same. Thereafter there were some dispute including threats issued by the petitioner to the staff of the department. 4. After hearing the parties and considering that the respondents are claiming from the petitioner dues from 4th August, 2003 onwards till date, in our opinion, the ends of justice can be met if the following order is passed by deducting from the said amount the amount already paid by the petitioner and on the special facts and circumstances of the case exempting the petitioner from payment of interest as the dues are now being claimed from the year 2003 and not as of 2010:- On the petitioner paying to the respondent No.2 a sum of Rs.79,000/- within one month from today the Respondent No.2 to take steps to register the fishing vessel of the petitioner. The petitioner to submit all the documents required to the respondent No.1. In case of any deficiency of the documents the respondent No.2 to point out to the petitioner. The petitioner to cooperate with the respondents in getting the vessel registered. We make it clear that the registration of the vessel will be subject to only the petitioner paying the amount aforestated and complying with the 3 other requirements. Rule made absolute accordingly. No order as to costs. Liberty to the parties to apply in case of non-compliance. ( J.H. BHATIA, J.) (F. I. REBELLO, J.) 4