Judgment

FAZL ALI, J.:- This appeal by special leave is directed against the judgment of the High Court of Bombay dated August 2/3, 1971* by which the plaintiffs suit for declaration and injunction has been dismissed. The plaintiff is an association of hoteliers and restaurant keepers doing business within the local limits of Sangli Municipality in the State of Maharashtra. Under the provisions of the Prevention of Food Adulteration Act. 1954 - hereinafter referred to as the Act - and the rules framed thereunder by the Maharashtra Government the members of the plaintiff association were required to take a licence for the business conducted by them. The Municipality insisted that the members of the plaintiff-Association should pay two sets of fees - one under item 1 and another under items 3 to 8 of Appendix (I) to the Schedule. These fees were demanded by the Municipality on the ground that the members were both manufacturers and retail dealers and were, therefore, liable to pay fees in both these capacities. The Appendix (1) to the Schedule was a part of the rules framed by the Maharashtra Government under Section 24 of the Act. The plaintiff, however, contended that the members of