IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9269 of 2009 VIVEK RANJAN, SON OF SRI RAJANI RANJAN PD. SINHA, R/O MOH.- NEW COLONY, MITHANPURA, P.S. MITHANPURA, DISTT. MUZAFFARPUR---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, URBAN DEVELOPMENT, GOVT. OF BIHAR, PATNA. 2. THE MUNICIPAL COMMISSIONER, MUZAFFARPUR, MUNICIPAL CORPORATION AT MUZAFFARPUR. 3. MAYOR, MUZAFFARPUR, MUNICIPAL CORPORATION, MUZAFFARPUR. 4. M/S MAGADH ADVERTISING BUREAU MUKHERJEE SEMINARY ROAD, CHHOTI KALYANI, P.S. TOWN, DISTTT. MUZAFFARPUR. 5. M/S AJANTA ADVERTISING AND MARKETING AT MITHANPURA, P.S. MITHANPURA, DISTRICT MUZAFFARPUR. 6. SECRETARY, MUZAFFARPUR MINICIPAL CORPORATION, MUZAFFARPUR ---RESPONDETNS. ----------- 05. 12.10.2009 Heard learned counsel for the petitioner, State and the counsel for the Municipal Corporation, Muzaffarpur. 2. Petitioner had filed this writ application with several reliefs, which according to the petitioner has been considered and allowed during the pendency of the writ application except one namely, compliance of the decision of the Municipal Corporation, Muzaffarpur dated 5.12.2008 notified under Memo No. 169 dated 22.1.2009, Annexure-8 by the Municipal Commissioner, Municipal Corporation, Muzaffarpur. 3. With reference to the order dated 22.1.2009, Annexure-8 it is submitted that agenda item No. 18(2) was with respect to the instructions contained in letter No. 2187 dated 31.10.2008, which was directed to be recalled by the Board and the Municipal Commissioner under the impugned order dated 22.1.2009 states that such instruction will be recalled in accordance with law as according to the learned counsel appearing for Ajanta Advertising and Marketing, Muzaffarpur, Respondent No.5 the decision of the Board with respect - 2 - to agenda item No.18(2) is in violation of the provisions contained in Sections 145 and 146 of the Bihar Municipal Act, 2007 and in that view of the matter the Municipal Commissioner has not chosen to recall the instruction of the Corporation contained in letter No. 2187 dated 31.10.2008, although Board had taken such decision to recall the instructions contained in the said letter. The Municipal Commissioner is a functionary of the Municipal Corporation and he has to act in terms of the decision taken by the Board of the Corporators and in my opinion he could not have sat in judgment over the decision of the Municipal Corporation. In case Municipal Commissioner was of the view that the decision of the Board in respect to agenda item No. 18(2) is not in accordance with the Act and the Rules then he should have moved the Board to re-consider the matter but could not have sat in judgment over the matter. 4. Accordingly, I direct the Municipal Commissioner, Municipal Corporation, Muzaffarpur to comply the decision of the Board of the Municipal Corporation, Muzaffarpur dated 5.12.2008 vide agenda item No.18(2). 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)