J. B. MEHTA, N. M. MIABHOY, J.

( 1 ) THIS petition is filed under Article 226 of the Constitution of India. Petitioners are proprietors of hotels situated in the town of Chanasma. Respondent No. 1 is the Municipality of Chanasma constituted under the Bombay District Municipal Act 1901 (hereafter called the Act ). Respondent No. 2 is the State of Gujarat. Petitioners challenge the validity of an impost under which they are required to pay under certain rules and bye-laws to be presently mentioned a certain amount annually as a licence fee for running their hotels. Petitioners pray for a declaration that those rules and bye-laws are illegal and that a writ of mandamus should be issued commanding first respondent not to enforce them. Petitioners also pray for a writ of certiorari for quashing the said rules and bye-laws. They also pray for an injunction restraining first respondent from collecting the fee amount from any of them

( 2 ) WE may at first state a few facts which led up to the presentation of the petition. On 27th of February 1952 the General Body of first respondent passed a resolution adopting proposed rules and bye-laws and for sending them to Government for necessary sanc

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