SAIBANNA BHOJI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner is a resident of Chincholi Town in the district of Gulbarga. Chincholi Town Municipal Council was established under the Hydebad District Municipalities Act, 1956 which was in force in the Hyderabad area of the State. The Hyderabad Act, among other correspondng Acts in force in the different areas of the State, was repealed by the Mysore Municipalities Act, 1964 which came into force on 1 4-1965. The population of the Chincholi Town, according to 1961 Census was 6,047.

(2.) The case of the petitioner was that after the coming into force of the Mysore Municipalities Act, 1964 (hereinafter called the Act') it has no legal existence and therefore, it has no competence to levy and collect octroi from the petitioner as per its notification dt.30th January 1968 published in the Mysore Gazette dt.7th March 1968. Therefore, he has prayed for a writ in the nature of mandamus restraining the 2nd respondent from levying or collecting octroi from the petitioner.

(3.) After the Act came into force, the State Government have issued a notification dt.29th March 1965 in exercise of the powers vested under sub-sec. (1) of S.381 of the Act by which the Government have directed that the 2nd respondent shall, as from the date of the commencement of the Act, become a Town Municipal Council competent to exercise the powers and perform the duties conferred by the Act on Town Municipal Councils until the Town Municipal Councils or City Municipal Councils are duly constituted under the provisions of the Act.