HIGH COURT OF CHHATTISGARH AT BILASPUR WRTT PETmON fC) No. 2294 PETmONER RESPONDENTS ^" Mohd. Akhtar Khan S/o Akbar Hussein Khan, Aged about 66 years, Ward No. 25, Kasai Para, Rajnandgaon (C.G.) VERSU8 1. State of Chhattisgarh Through Seeretary, Urbaii Admimstration & Wetfare Department, D.K.S. Bhawan, Mantralaya, Raipur(C.G.) 2. Municipal Corporation, Through Commissioner, Municipal Corporation, Rajnandgaon (C.G.) 3. President, Municipal Corporation, Rajnandgaon (C.G.) WRITPETmONUNDERART[CLE2260FTHECONSTITUTIONOFINDIA SB: Hon'ble Shri Sattsh K. Aenihotri, J. Present: Shri AnupMajumdar,Advocateforthepetitioner. Shri M.P.S.Bhatia, Deputy Govemment Advocate forthe State. ORALORDER (Passed on 04th day of May, 2009) 1. The petitioner, by way of tiiis petition, seeks a direction to the respondents to decide tiie case ofthe petitioner with regard to payment ofbills for use of his vehiele as taxi in the year 2000. Further, a direction is sought against the respondent-Corporation to pay a sum of Rs. 40,500/- as bills, with 12% interest. 2. This is a matter of conlract between the petitioner and the respondent- Corporation. If there is any contract for engagement of vehicle of the petitioner as taxi or some payment is due or payable to the petitioner, the same cannot be deeided'by fhis Court. .. 3. Argument of leamed counsel for the petitionerthatsince everything is admitted, this Court can exercise ite discretionary jurisdiction under Article 226 of the Constitution of India in favour of fhe petitioner, is .y 4. unsustainable in law. The coirtractual matter, which is not in perfbrmance bf its public duty, caimot be decided by a writ court. It appears thatthe engagement ofpetitioner's vehicle and payment ofbills, are all subject matter of exammation, which cannot be done in the vwrit court by e3iamming doeuments only. Thus, this petition is dismissed as not maintainable. However, liberty is reserved to Ihe petitioner to take recourse to jurisdictional civil court, if so advised, ^! Sd/- Satish K. Agnihotri Judge"