(1.) THIS is a petition for quashing of the order dated 66.2000 vide which the Executive Officer, Nagar Panchayat, Begowal (respondent No. 3) rejected the petitioner's prayer for restraining the octroi contractors (respondents No. 4 to 7) from collecting octroi on the stock of poultry brought within the limits of Nagar Panchayat.
(2.) THE facts : The petitioners are engaged in the business of sale of livestock of poultry in Village Begowal, which falls within the municipal limits of Nagar Panchayat, Begowal (respondent No. 2). In 1996, they filed suit for permanent injunction for restraining the Notified Area Committee and the octroi contractor from collecting octroi on the poultry brought within the municipal limits of Begowal. They also applied for temporary injunction. The learned trial Court passed an order of injunction which was confirmed by the learned District Judge, Kapurthala and Civil Revision No. 2704 of 1997 filed by the Notified Area Committee was disposed of as infructuous because during the pendency of the revision petition, the main suit was decreed by the Additional Civil Judge (Senior Division), Kapurthala.
(3.) IMMEDIATELY thereafter, the petitioners sought review of the order dated 4.5.2000 by filing an application under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure on the ground that their advocate could not appear on the date of hearing and in view of the decree passed by the Additional Civil Judge (Senior Division), Kapurthala, they were not liable to pay octroi. That application was disposed of by the Court on 10.5.2000 with an observation that it would be open to the applicants to contend before the Nagar Panchayat that no octroi is leviable on their livestock and such plea will be decided by the competent authority before allowing the contractors to collect the octroi.