Nagar Palika Jhansi vs U.S. Jaiswal and others

Hon''ble Sibghat Ullah Khan, J.—At the time of hearing no one appeared on behalf of respondents hence only the arguments of Sri K.N. Saxena, learned counsel for the appellant were heard at the admission stage.

This second appeal arises out of O.S. No.37 of 1998 filed by respondents against appellant Nagar Palika Jhansi (now Nagar Maha Palika) The suit was dismissed by Additional Civil Judge, Jhansi on 07.10.1988. Against the said judgment and decree, plaintiffs respondents filed Civil Appeal No.208 of 1985, which was allowed by District Judge, Jhansi on 02.12.1988 hence this second appeal. The decree passed by the lower appellate court is quoted below:

The appeal is allowed and the judgment and decree under appeal are hereby set aside. The plaintiffs'' suit is hereby decreed. The defendant is hereby restrained from charging octroi on the spirit brought by the plaintiffs within the local limits of Municipal Board, Jhansi, for preparation of countery-liquor.

Through order dated 08.03.1989 passed in the second appeal records of the courts below were summoned at the expenses of the appellant (before admission) and operation of the judgment and order dated 02.12.1988 passed by the District Judge, Jhansi was stayed.

By virtue of amendment of Section 128 of U.P. Municipalities Act, 1916 by U.P. Act No.9 of 1991 the power of Municipal Board to impose octroi has been abolished by omitting clauses (vii), (viii) and (xiii) of sub-Section (1) of Section 128 of U.P. Municipalities Act, 1916 which empowered Municipal Boards to charge octroi hence this second appeal has become infructuous and is dismissed as such.