1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8951 OF 2005 Raees Ahmed Khurshid Ahmed ...Petitioner Versus Malegaon Municipal Corporation & Ors. ... Respondents. Mr. R.S. Apte with Mr. N.R. Bubna for the Petitioner Mr. C.R. Sonawane, Assistant Government Pleader, for the State CORAM: V.G. PALSHIKAR, Ag.C.J., & D.B. BHOSALE, J. DATE: DECEMBER 22, 2005. P.C.:- 1. By this petition, the petitioner seeks a direction to the respondent-Corporation to restrain itself from recovering Octroi in the manner in which they are doing. 2. Reliance is placed on the judgment of this Court (Aurangabad Bench) in Writ Petition No. 3009 of 2005 (Hemant S/o. Sudhakar Madane & Ors. v. The State of Maharashtra & Ors.) dated 29th June, 2005, by which it is held that such recovery is not permissible in law. 3. Thereafter, a representation was made to the Municipal Corporation of Malegaon, stating that the judgment is confined only to the Corporations of Jalgaon 2 and Ahmednagar. Apparently, such observation is not tenable. In any case, this petition can be conveniently disposed of by directing the respondent-Corporation to decide the representation made by the Commissioner on 1st December, 2005 de novo, without considering the earlier communication dated 29th November, 2005 in the light of the judgment mentioned above, as early as possible, preferably in six weeks. The petition is accordingly disposed of.