1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3190 OF 2005 WRIT PETITION NO.3190 OF 2005 WRIT PETITION NO.3190 OF 2005 Hotel Owner’s Association, Kalyan ...Petitioner Hotel Owner’s Association, Kalyan ...Petitioner Hotel Owner’s Association, Kalyan ...Petitioner Vs. Vs. Vs. The Commissioner, The Commissioner, The Commissioner, Kalyan Dombiv. Mun. Corpn. & Ors. ...Respondents Kalyan Dombiv. Mun. Corpn. & Ors. ...Respondents Kalyan Dombiv. Mun. Corpn. & Ors. ...Respondents ----- ----- ----- Mr. A.S. Khandepar Adv. for Petitioner Mr. A.S. Khandepar Adv. for Petitioner Mr. A.S. Khandepar Adv. for Petitioner Mr. A.S. Rao Adv. for Respondents 1 & 2 Mr. A.S. Rao Adv. for Respondents 1 & 2 Mr. A.S. Rao Adv. for Respondents 1 & 2 Mr. L.M. Acharya Adv. for Respondent No.3 Mr. L.M. Acharya Adv. for Respondent No.3 Mr. L.M. Acharya Adv. for Respondent No.3 Ms. M.P. Thakur A.G.P. for Respondent No.4 Ms. M.P. Thakur A.G.P. for Respondent No.4 Ms. M.P. Thakur A.G.P. for Respondent No.4 CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 25TH NOVEMBER , 2005 DATED: 25TH NOVEMBER , 2005 DATED: 25TH NOVEMBER , 2005 P.C. P.C. P.C. 1. The Petition is not by an individual person 1. The Petition is not by an individual person 1. The Petition is not by an individual person but an Association of Hotels, challenging the charging but an Association of Hotels, challenging the charging but an Association of Hotels, challenging the charging of octroi. After considering Rule 16(a) of the Kalyan of octroi. After considering Rule 16(a) of the Kalyan of octroi. After considering Rule 16(a) of the Kalyan Municipal Corporation Octroi Rules 1995 and the Municipal Corporation Octroi Rules 1995 and the Municipal Corporation Octroi Rules 1995 and the documents filed on record, we are of the opinion that documents filed on record, we are of the opinion that documents filed on record, we are of the opinion that the Petition as filed requires determination of facts the Petition as filed requires determination of facts the Petition as filed requires determination of facts of each individual member as to levy of octroi. In of each individual member as to levy of octroi. In of each individual member as to levy of octroi. In these circumstances it will not be possible to invoke these circumstances it will not be possible to invoke these circumstances it will not be possible to invoke the extra ordinary jurisdiction of this Court. the extra ordinary jurisdiction of this Court. the extra ordinary jurisdiction of this Court. . It will be open to the Petitioners who are . It will be open to the Petitioners who are . It will be open to the Petitioners who are effected by effected by effected by the levy of octroi, to file Appeal against the levy of octroi, to file Appeal against the levy of octroi, to file Appeal against the said orders. the said orders. the said orders. . With the above observations Petition stand . With the above observations Petition stand . With the above observations Petition stand disposed of. disposed of. disposed of. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) 2 (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)