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1969 Supreme(Guj) 76

P.N.BHAGWATI, M.P.THAKKAR
Mistry Babulal Tulsidas – Appellant
Versus
Sayla Gram Panchayat, Dist. Surendranagar – Respondent


Advocates:
K.G. Vakheria, for Applicant; P.M. Raval (for No. 1) and J.R. Nanavati, Asst. Govt. Pleader with M.G. Doshit of M/s. Bhaishankar Kanga and Girdharlal, Addl. Govt. Pleader (for Nos. 2 and 3), for Opponents.

Judgement

M. P. THAKKAR, J. :- The petitioner is a person who had obtained a lease in respect of levy of octroi duty from the then Municipality of Sayla constituted under the Bombay District Municipal Act, 1901, (hereinafter referred to as the 'Municipal Act'). The lease was granted in exercise of powers under Section 81-A of the Municipal Act. The said Sayla Municipality was subsequently converted into a Gram Panchayat. The lease was for the period commencing from April 1, 1962 and expiring with March 31, 1963. It was granted by public auction and was sanctioned by a resolution passed by the Municipality on March 28, 1962. Under the said lease a sum of Rs. 30,999/- was to be paid by the petitioner to the Sayla Municipality, in respect of the octroi duty for the aforesaid period. The right to collect the amount payable under the said lease has accrued in favour of the respondent No. 1 (the Sayla Gram Panchayat) in view of the fact that the Sayla Municipality was converted into a Gram Panchayat under the relevant provisions. It is the case of the petitioner that on February 1, 1963 the Sayla Municipality terminated the aforesaid lease. As per the terms and conditions of the lease the















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