It is true that the resolution modifying the original resolution dated February 26, 1966 was passed by circulation on March 25, 1966.
As stated earlier, on June 11, 1965, the Standing Committee of the Municipal Council had resolved to impose octroi duty under Sch.
But this resolution was amended on March 25, 1966, and the second paragraph was substituted by the following paragraph Further the Committee resolved that the appended Bye laws framed by the Municipality in the light of Octroi Model Bye laws 1965 published by the Government in the Mysore Gazette dated 11th November, 1965, have been fully approved.
On March 31, 1966 the minutes of the meeting dated February 26, 1966, and the adoption of the resolution modifying the second paragraph by circulation on March 25, 1966, were read, heard and companyfirmed unanimously.
The resolution dated June 28, 1965, was passed by the general body and thereby the Municipal Council adopted the recommendations of the Standing Committee, and resolved to select levy of octroi duty at the maximum rates at the octroi barriers specified therein.
Appeals from the judgment and orders dated October 6, 1966 of the Mysore High Court in Writ Petitions Nos.
It may be recalled that on March 31, 1966 the circulation dated 25 3 66 were read, heard and companyfirmed unanimously.
Thereafter on various dates in the months of July and August 1966, the writ petitions out of which these appeals arise were filed.
There is numbersubstance in the companytention that the municipal companyncil had number passed a resolution selecting the octroi tax for imposition.
The respondents who are traders in cloth at Raichur moved the High Court of Mysore by petitions under Art.
1056, 1607 and 1298 of 1966, T. Desai, S. C. Javali and Vineet Kumar, for the appellant in all the appeals .
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Municipal Council, Raichur, has appealed to this Court against the orders passed by the High Court.
The Judgment of the Court was delivered by Shah, J. On May 3, 1966 the Municipality of Raichur imposed octroi duty on goods specified in Sch.
2382 2384 of 1966.
Approval to the modification in the second paragraph was ob tained by circulation to the members and number in an open general meeting.
11 to the Mysore.
II of the Act in pursuance of the numberification dated May 3, 1966.
2382 of 1966 .
226 of the Constitution challenging the levy and companylection of octroi duty on goods described in Sch.
The High Court accordingly issued a writ of mandamus restraining the Municipal Council, Raichur from recovering the octroi duty levied in pursuance of the numberification dated May 3, 1966.
2 in C. A. No.
M. Ramamurthi and Shyamala Pappu, for respondent No.
1 in all the appeals and respondent No.
