gIGH COURI OF CHHA’I"1‘ISGARH AT BILASPUR KRELEEEEQENjLizw 0f2.9.Q§ PETI’HONER : Anaj 'Vyapari Sangh Mungek, Through its Seeretary, Raj Kumar Artam‘, aged about 35 years, s/o Shri Mammal Artani, Occupation * Busmess, regidem of Subhash Ward, Mungeli, District Bilaspur (C.G.) VERSUS ESPONDENTS :1. The State of Chhattisgarh, through tha Secretary, Department of Lecal Seif Govermnent: Chhattisgarh, Mantralaya, DECS. Buihimg, Raipur (CG) 2. The Municipal Council, Mungeii, Through its Chief Municipal Ofiicer, Municipai Council Mungeli: District Biiaspu'r (C.G.) 3. The Director, Nagarjya Niyejim and Vikas Vibhag, Raipur. 4. The President, Municipal Couneil, Mungeii District Bilaspur (C.G.) RIT PETI'I‘ION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agihotri, J. Present: Shri Awadh 'I‘ripathi. Advocate for the petitioner. Shri Ajit Singh. Fame] Lawyer for the State/respondents: 1 and 3. Shxi Arun Sao, Advocate fer ihe respondent No. 2. Shri R.S.Patel, Advocate for the respondent No. 4. ORDER g ORAL! (Passed on ()9 ‘ day of Juiy, 2009) Heard. The petitionet, which is an associaiion of food grain traders, seeks a writ to quash the resolution dated 21.11.1995 (Annexure P11) on the ground that the terminal tax on food grains cannot be imposed as it is not a part ofthe State notification. 2. In the instant petition, the petitioner has failed to disctose asto which is the State notification, that prohibits imposition of tenninal tax on food grains. Even no order has been passed after the resohltion dated 21.11.1995 (Annexure P/ I). Since there is no order alter passing ofthe J 1 1 1, R W resolution, the resolution cannot ha challenged, There is no documem to establish asto Whether there was any order imposing tenninal tax on food grains or not. A notification (Preliminaly) Terminal Tax dated 4101991 has been filed which mentions about {he yroposal for imposition of terminal tax but no decision thereafter has been taken for imposition ofthe tenninal tax. This petition lacks material facts to consider and decide‘the dispute raised herein. Section 127 ofthe CG. Municipaiities Act, I961, provicies that the Council shall impose in the whole or in any pan ofthe municipal area: subject to any general or special order which the State Government may make in this behalf. No order or notification in this regard has be roduced by the petitioner, thus, the suhject matter ofthe etition cannot be adjudicated for want ofmaterial faots. n View of the foregoing, the petition is dismissed for want of material fac. No order asto costs. en p p T ts i