( 1 ) THE appellant-plaintiff has challenged the impugned judgment and decree passed by the 5th additional District Judge, Kolhapur, dated 5/8/2004, by which a judgment and decree passed by the II Joint Civil judge, J. D. Kolhapur, in Reg. Civil Suit No. 450/1996, dated 5/8/2005, has been confirmed, thereby the suit filed by the appellant to have a declaration under section 38 of Specific Relief Act, 1963, was dismissed with cost. The appellant is an association of retailers of Country Liquor, within the Kolhapur district. The appellant is an association established for the welfare of a person dealing in liquor business. The members of the appellant society are running country liquor shops within the limit of Kolhapur Municipal corporation-respondent. The members are required to obtain licence from the respondents and therefore, they required to pay requisite licence fee, which used to be increased from time to time. It was lastly increased upto Rs. 500/- per year. Some time in the year 1995, the respondent by an Resolution No. 166/10 enhanced the said licence fee at the rate of Rs. 3000/- per year. Therefore, the appellant filed the present suit for declaration and permanent injun

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