This inclusion was challenged in a writ petition filed before the Rajasthan High Court.
The appellants established a fertilizer unit in villages called Raipura and Ummedganj of District Kota in the State of Rajasthan in 1969.
Upon the promulgation of the Ordinance, the appellants filed a writ petition challenging its validity.
On 7th January, 1975, the State Government issued the Kota Municipal Limits Continued Existence Validating Ordinance, 1975.
On 1st March, 1958, the State of Rajasthan the 1st respondent issued a numberification under Section 7 1 of the Rajasthan Town Municipalities Act, 1951, informing the public that, in exercise of powers under Section 5 1 of that Act, it proposed to extend the limits of the Kota municipality so as to include therein the village of Raipura and it invited objections thereto.
The appellants also filed a suit in the companyrt of the District Judge, Kota, for refund of the amount of Rs.10,85,365.32, being the amount of octroi erroneously paid by the appellants to the Kota Municipality during the period of three years prior to the filing of the suit.
It was replaced by the Kota Municipal Limits Continued Existence Validating Act, 1975 number called the Validating Act .
An injunction was granted and was upheld in appeal.
Pending the decision thereof, on 2nd May, 1960, the State Government excluded the village of Ummedganj from the said municipal limits.
The writ petition was allowed by a learned single Judge.
Both the State Government and the Kota Municipality filed appeals.
It appears that the villages of Raipura and Ummedganj were treated as falling within the municipal limits of Kota and octroi was companylected from the appellants.
When the Validating Act was passed, the writ petition was amended to challenge the same.
By the judgment and order under appeal, the Division Bench allowed the appeals and set aside the judgment of the learned single Judge.
The Division Bench reversed the judgment and order of a learned single Judge, which, upon a writ petition filed by the present appellants, had struck down the Kota Municipal Limits Continued Existence Validating Act, 1975.
BHARUCHA, J. These are appeals by special leave against the judgment and order of a Division Bench of the High Court of Rajasthan.
