QAZI AHMED AZAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) By this writ application under Article 226 of the Constitution of India, the petitioner seeks a relief that the notification dated 30-8-2001 (Annexure-3) under which the Dumraon Municipality has been converted in the Dumraon Nagar Panchayat be quashed as the notification Annexure 3 has been issued without taking into consideration the objections raised by the residents of the said local area and without taking into considerations the census figures and the other attending circumstances. It is not in dispute before me that vide Annexure 1, on 3-5-2001 the State Government notified its intention to declare particular notified area Committee and Municipalities to be declared as Nagar Panchayat under Section 4 read with Section 6 of Bihar and Orissa Municipal Act. With the said Annexure 1 a list of 77 Municipalities etc. were annexed, objections were invited and it was further observed in Annexure 1 that the objections received before the last date shall be considered under Section 4 of the Act. According to the petitioner vide Annexure dated 16-6-2001 certain objections were filed and in the said objections it was clearly mentioned that Dumraon Municipality was a municipality for long many years, its population was more than forty thousand, it had the industrial development, the area was almost about 19 Sq. Kms., it also had a railway station and concrete roads. It was also stated in the said objections that according to the census of 2001 only 3118 persons were engaged in the agricultural activities while others were engaged in other activities. It was also submitted that the provisional census figures were already published and as such the State Government should not convert the municipality into a Nagar Panchayat. From Annexure 3, it appears that on 30-8-2001 the State Government declared and converted Dumraon Municipality into a Nagar Panchayat. The petitioner is aggrieved by the said notification dated 30-8-2001 bearing No. 2651.

(3.) In the counter it has been contended that the final figures of the census had not been published, therefore, the census publication dated 21-7-2001 was not available or was not in existence, the State Government was absolutely justified in converting the Dumraon Municipality into Dumraon Nagar Panchayat. It has also been contended that the State Government, while converting the municipality into Nagar Panchayat has taken into consideration all the attending circumstances and after due application of mind a conscious decision as contained under Annexure 3 has been taken.