IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11933 of 2009 M/S BRITE NEON SIGNS PRIVATE LIMITED, A Company incorporated under the Companies Act, 1956 having its registered officer at 201-202, Kashi Place, New Dak Bunglow Road P.O.- GPO, P.S.- Kotwali, Patna- 800 001 through its Director Prashant Luthra, S/o- Sri V.K.Luthra, R/o- D/68 S.K.Puri, P.O. & P.S.- S.K.Puri, District- Patna :-- Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Urban Development Department, 2. The Patna Municipal Corporation, Budha Marg, Patna through the Municipal Commissioner-cum-Chief Executive Officer, 3. The Municipal Commissioner-Chief Executive Officer, Patna Municipal Corporation, Budha Marg, Patna. 4. The Additional Municipal Commissioner, Patna Municipal Corporation, Budha Marg, Patna 5. The Executive Engineer, Division II, PRDA (dissolved), now working under Patna Municipal Corporation, Budha Marg, Patna. 6. The Deputy Commissioner (Revenue), Patna Municipal Corporation, Budha Marg, Patna. 7. Selvel Advertising Private Limited, Ground Floor- Kumar Shanti Apartment, Off Fraser Road, Patna 800001:- Respondents. ----------- For the Petitioner :- Mr. Suraj Samdarshi, Advocate. For the PMC:- Dr. Poonam Kumari Singh. For the State :- Mr. A. Amanullah, S.C. 17. For Respondent No.7 :- Mr. R.K.Verma, Senior Advocate. ========= 02. 12.10.2009 Learned counsel for the Patna Municipal Corporation (hereinafter referred to as “PMC”) as also Private Respondent No.7 has filed counter affidavit, which is taken on record. It appears from the counter affidavit of the PMC that the same does not contain the required court fee stamp which the learned counsel for the PMC undertakes to file in the Computer Cell today itself. 2. Heard learned counsel for the petitioner, PMC and Private Respondent No.7. 3. This writ application has been filed asserting that the steps taken by the petitioner for beautification of the Mauraya Lok Complex pursuant to order bearing Memo No. 1589 dated 30.7.2009, Annexure-5 passed by the Municipal Commissioner, PMC as also the agreement dated 1.8.2009, Annexure-6 has been forcibly removed by the PMC, in response whereto PMC has filed counter affidavit annexing office order bearing - 2 - Memo No. 1753 dated 29.8.2009 and another letter no. 1842 dated 9.9.2009 as contained in Annexures- A/1 and B to the counter affidavit, wherefrom it appears that the action has been taken against the petitioner for his failure to get the site-plan approved by the authorities of the PMC. In this connection it is submitted that the site-plan for installation and maintenance of the street lights, Welcome Gates, High Mast Lights and Ball Fountain within the Maurya Lok Complex on sponsorship basis was submitted under letter dated 27th April, 2009 (Annexure-4), whereafter the PMC issued order dated 30.7.2009, Annexure-5 and the agreement was signed by and between the Additional Commissioner on behalf of the PMC and the petitioner who having appreciated the signing of the agreement thought that the site plan submitted pursuant to letter dated 27.4.2009, Annexure-4 has already been approved. The authorities, however, are of the view that they have not yet approved his site plan submitted by the petitioner. 4. Let the Municipal Commissioner, PMC consider the site plan submitted by the petitioner along with the letter dated 27th April, 2009, Annexure-4 in accordance with law at the earliest, in any case within a period of two weeks from the date of receipt/production of a copy of this order and pass appropriate orders in accordance with law clarifying the work area as also the installation which the petitioner has to put within the said area. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)