SUNNAM SATTIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by the 1st plaintiff is directed against the decree and judgment dated 20/12/1972 made in O. S. No. 3 of 1969 on the file of the Subordinate Judge, Medak at Sangareddy in so far as the same is against him.

(2.) That suit was instituted by the appellant and his minor son, the 2nd plaintiff for a declaration that the levy of baitak amount alone with other incidental and auxiliary levies under the Hyderabad Abkari Act and the Rules was ultra vires Art. 265 of the Constitution of India and the legislative powers of the component State of Andhra Pradesh and for an injunction restraining the defendant from collecting a sum of Rs. 17,920-14 Rs. comprising of (a) Rs. 446.00 being the amount of the alleged arrears between 9-7-1953 and 15-7-1953 illegally sought to be collected; (b) Rs. 5,167.00 being the amount sought to be collected as alleged tree tax, (c) Rs. 3,957-14 being the penalty for alleged illicit tapping of the tree; (d) Rs. 7,349-being the amount of arrears of Baitak and (e) Rs. 1000.00 being the amount of penalty for alleged adulteration of Sendhi with Chloral Hydrate.

(3.) The reliefs sought for with respect to item (a) i.e. Rs. 446.00 and item (e) i.e. Rs. 1,000.00 were granted to the plaintiffs by the court below. There was no appeal against that. We are therefore not concerned with those items in this appeal.