IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 15699 of 2009 1. PARIMAL, CHIEF EXECUTIVE OFFICER AND AUTHORISED SIGNATORY M/S MAGADH ADVERTISING BUREAU KANHAULI BISHUNDSATT RAJPUT TOLA, BELA, MUZAFFARPUR, HAVING HEAD OFFICE AT S.P.VERMA ROAD, P.S.- GANDHI MAIDAN, DISTT.- PATNA Versus 1. MUZAFFARPUR MUNICIPAL CORPORATION, MUZAFFARPUR, THROUGH ITS MAYOR 2. THE MAYOR, MUZAFFARPUR MUNICIPAL CORPORATION, MUZAFFARPUR 3. THE EMPOWERED STANDING COMMITTEE, MUZAFFARPUR MUNICIPAL CORPORATION, MUZAFFARPUR 4. THE MUNICIPAL COMMISSIONER, MUZAFFARPUR MUNICIPAL CORPORATION, MUZAFFARPUR 5. ASTITWA ADVERTISEMENTS PVT. LTD., 507, ADHARSHILA COMPLEX, SOUTH TO GANDHI MAIDAN, PATNA 6. CONCEPT ADVERTISEMENT AND LIGHTS PVT. LTD., NAND KISHORE LANE, CHUNA GALI, CHANDRALOK CHOWK, MUZAFFARPUR *** For the petitioner : M/s N K Agrawal, Sr Advocate & Santosh Kr Sinha - 2 For the Corporation : Mr D K Singh *** 2 16.02.2010 It is alleged that with the due approval and sanction of the Empowered Committee of the Muzaffarpur Municipal Corporation and with the approval of the Corporation, petitioner was given exclusive rights with regard to certain works in relation to advertisements. While working the said, as per the agreement entered into, the Town Commissioner of the Municipal Corporation cancelled the agreement without authority and then entered into agreements with two other firms for the same purpose. Petitioner has come to this Court challenging the action of the Town Commissioner. In my view, the proper authority to whom petitioner should first go is to the Empowered Committee of the Corporation and if for - 2 - any reason, petitioner’s appeal against the actions of the Town Commissioner is not entertained by the Empowered Committee, the petitioner should move the Municipal Board itself and the Municipal Board shall decide the matter. Let it be recorded that the Town Commissioner is only the Executive Head of the Municipal Corporation and is not the Corporation. It is the Municipal Commissioners through their Board that constitutes the Corporation whose orders and directions are binding on the Town Commissioner. Town Commissioner is an authority subordinate to the Board of the Municipal Corporation. On such an application being filed, the authorities would consider the same in accordance with law after hearing all the parties concerned and take a decision within three weeks from the date of production of a copy of this order of this Court. This writ application is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)