KUMAR AMITABH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, Sri S. B. K. Manglam and the learned counsel appearing for the Respondent-State, Md. Abbas Haider (SC-6).

(2.) The present writ petition was though filed initially for quashing the recommendation made by the Respondents No. 8 and 9 for Constitution of Bihta Nagar Parishad as also for quashing the draft notification issued by the Respondent No. 2 dtd. 26/12/2020 published in the daily Hindi newspaper Dainik Jagran dtd. 27/12/2020 whereby and whereunder the State Government had invited objections against its intention of Constituting the Bihta Nagar Parishad, comprising of group of villages, as mentioned therein, but during the pendency of the present writ petition, the final notification has been issued by the State Government under Sec. 6 of the Bihar Municipal Act, 2007 vide memo dtd. 3/3/2021, under the signature of the Joint Secretary, Urban Development and Housing Department, Government of Bihar, Patna, whereby and whereunder Bihta Nagar Parishad has been constituted, hence, now, the same is also sought to be challenged in the present proceedings inasmuch as this Court, by an order dtd. 16/7/2021, had allowed the amendment petition filed by the petitioners seeking to challenge the said notification dtd. 3/3/2021.

(3.) The brief facts of the case, according to the petitioners, are that in the year 2008, the Block Development Officer, Bihta had submitted its recommendation to the District Magistrate, Patna for constitution of the Bihta Nagar Panchayat comprising of various villages namely, Bihta, Olhanpura, Sri Rampur, Patsa, Khedalpura, Amhara, Raghopur, Banwaripur, Bishambharpur, Gokhulpur Korhar and Mahadeopur Fulari, having a population of 37058, on the basis of 2011 census. The District Magistrate, Patna, had then forwarded the said recommendation of the Block Development Officer to the State Government vide letter dtd. 21/10/2008, whereafter Urban Development and Housing Department had come out with a notification under Sec. 6 of the Bihar Municipal Act, 2007, constituting the Bihta Nagar Parishad, which was challenged before this Court in CWJC No. 14585 of 2009 and this Court, by an order dtd. 14/2/2011, had set aside the said notification of the State Government dtd. 20/5/2009 on the ground that the statutory requirements of Sec. 4 of the Bihar Municipal Act, 2007 had not been complied with and the final notification did not mention as to whether objections were received or were not received and in case the same were received, whether the same had been considered.