IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3280 of 2009 ASHOK KUMAR AGRAWAL S/O BRAJ LAL AGRAWAL R/O NAGA ROAD RAXAUL, WARD NO.11, PS-RAXAUL,DISTT WEST CHAMPARAN---------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY-CUM- COMMISSIONER, URBAN DEVELOPMENT DEPARTMENT, NEW SECRETARIATE,PATNA 2. DISTRICT MAGISTRATE, MOTIHARI 3. SUB-DIVISIONAL MAGISTRATE, MOTIHARI 4. B.D.O.-CUM-EXECUTIVE OFFICER, NAGAR PARISHAD,RAXAUL, -- ---------------RESPONDENT 1ST SET. 5. CHAIRMAN, NAGAR PARISHAD, RAXAUL DISTT-MOTIHARI 6. VICE CHAIRMAN,NAGAR PARISHAD, RAXAUL, MOTIHARI, ------- -----------------RESPONDENT 2ND SET------- ----------- 2 19.3.2009 After having heard learned counsel for the petitioner and learned counsel for the State, this writ application is disposed of with a direction upon the Chairman of the Nagar Parishad, Raxaul, respondent no.5, that he shall verify the official records with regard to allegation of the petitioner and that the advertisement contained in Annexure-3 calling for a tender for certain works is being carried out has been unilaterally issued by the Executive Officer of the Nagar Parishad, Raxaul or not. Petitioner’s contention is that the advertisement does not have any formal approval by the councilors in terms of sub-section-4 of section 50 of the Bihar Municipal Act, 2007 and the Executive Officer has no authority to act on his own detrimental to the interest of the “ Nagar Parishad”. It is hoped and expected that the Chairman, respondent no.5, will call for a meeting to decide the issue, if a situation of such kind arises. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)