v- ,, ^|a;te:.<» -1'1 .BESf HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNiL KUMAR SINHA, J. W.P.No.1186of; Bhanushankar Purohit, aged about 54 years, son of Dinmani Purohit Proprietor: Purohit Hotel, Giriraj, Jail Road, Raipur, Distt. & Tah. Raipur (C.G.) Respondents 1 State of Chhattisgarh through: Secretary Department of Local Self Govt., D.K.S. Bhawan, Raipur, Tah. & Distt. Raipur (C.G.) 2 Raipur Municipal Corporation Raipur, Ravi Shankar Shukla Bhawan, Raipur, Tah. & Distt. Raipur (C.G.) Writ Petition under Articie 226 / 227 ofthe Constitution pf India Shri G.S. Agrawal, learned Senior Counsel with Shri K.R. Nair, tearned counsei forthe petitioner. Shri Sudhir Bajpai, learned Deputy Government Advocate for the State/ respondent No.1. Shri Kasif Shakeel, learned counsel for respondent No.2. ith (20'" April, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the-parties are heard. 2) Petitioner Bhanushankar Purohit filed this writ petition in Ihe year 2003 for the following reiiefs: Y -,3^ ;'iia t J^ ttV ^p>;.;.(- "7.1 That, a writ of certiorari be issued quashing the resolution passed by the Mayor in Council dated 17-05- 2002 imposing the tax on the lands and building situated within the city of Raipur. 7.2 That, the writ of mandamus be issued against the respondent No.2 to stop the recovery of enhanced taxes from the petitioner and start a new proceeding giving the petitioner an opportunity of hearing. 7.3 That, Sectlon 138 of the Chhattisgarh Municipal Corporation Act, 1956 be deciared ultra vires of the Constitution as the State Government has no power to fix the annual letting vatue on the basis of the factors enumerated in that Section ignoring the very basis of letting. 7.4 Any other relief or order or direction that Hon'ble Hiah Court mav deem fit be issued." 3) The above quoted relief No.7.3 was withdrawn by leamed counsel for the petitioner as is recorded in the order dated 3-08-2005. 4) During the pendency of the writ petition, the petitioner sought permission to amend the writ petition, which was allowed vide order dated 17-08-2009 and the petitioner thereafter amended the writ petition by adding one more paragraph as 6.11. 5) Shri ^sif Shakeel, learned counsel for respondent No.2 Municipa! Gorporation, Ralpur referring to Annexure R-2/3 filed along with the additional counter affidavit submitted that the General Body of Municipal C'orporation, Raipur had initially passed the resolution dated 04.02.2002 enhancing the rate of property tax and the resoiution under challenge in this writ :.^ petition dated 17-05-2002 passed by the Mayor-in-Council is only a consequential one to the resolution passed by the Generai Body, Learned counsel further submitted that the petitioner in the present writ petition is seeking only quashing of the resolution passed by the Mayor-in-Councit and there is no challenge in the writ petition to the resolution passed by the General Body of Municipal Corporation, Raipur. 6) At this stage, Shri GS Agrawal, ieamed Senior Counsel for the petitioner prayed for time to fiie another application for amendment in the writ petition chaltenging the resolution dated 04.02.2002, passed by the General Body of Municipal Corporation, Raipur. 7) As this is an old writ petition of the year 2003 and the petitioner, earlier was permitted to amend the writ petition once, in our opinion, it would be appropriate for the petitioner to file another writ petition for the surviving reliefs in this writ petition and other ancillary reliefs and also challenging the resolution dated 04.02.2002, passed by the General Body of Municipal Corporation, Raipur. 8) The writ petition, therefore, is disposed of with the liberty to the petitioner to file another writ petition seeking the surviving reliefs in this writ petition and other ancillary reliefs and also challenging the resolution dated 04.02.2002, passed by the General Body of Municipal Corporation,Raipur._ _^_____ subbu .' Sd/- ChiefJustice Sd/- SunilKumarSmha Judge