1. In this writ petition under Article 226 of the Constitution, the petitioner's counsel at the time of the hearing, asked the court to issue a writ of mandamus to the 1st respondent requiring it not to levy any octroi duty on the fruits brought by him into the Gulbarga Municipal area, in the course of his trade The other reliefs prayed for in the petition were not pressed.

2. The petitioner is a merchant having his place of business in the market area of the Gulbarga Town. He is dealing in fresh fruits. According to him, he purchases fresh fruits from outside the Municipal area and brings them to Gulbarga town for sale in his shop. He deals in Sithaphal, Bannana, Moosambi, Plantains, Mangoes. Jam, Jambun, Apple, Orange Grape, Pinapple, Melons and Water-melons. The fruits brought by him into the Municipal limits of the Gulbarga town were neither canned, tinned, bottled, boxed or cartooned. The facts stated above are not disputed by the respondents. All that we have to see is, whether the 1st respondent Municipality has competence to levy octroi on the fruits in question.

3. Section 96(1)(b) of the Hyderabad District Municipalities Act (Hyderabad Act XVIII of 1956), to be hereina