USHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mr Rajendra Narayan, learned senior counsel has appeared for the petitioners in CWJC No 7804 of 2021. Mr Harsh Anuj, learned counsel has made submissions for the petitioners in CWJC No 7446 of 2021. The State counsel has also appeared in both the cases. In CWJC No 7804 of 2021, Nagar Parishad, Sitamarhi is also represented by the learned counsel. Parties are in agreement that issues are common in both the writ petitions and, therefore, the matter may be heard together. Accordingly, both these matters have been heard together and are being disposed by this common order.

(2.) CWJC No 7446 of 2021 was filed with a prayer for quashing the draft notification No 4335 dtd. 26/12/2020 by the State Government declaring its intention to constitute Triveniganj Nagar Parishad. By the said notification, 4 Gram Panchayats, comprising the area of 5 villages, mentioned in Column 3 of the draft notification, were proposed to be constituted as a municipal area, details of which were specified in Column 5 of the draft notification. By the said notification, inhabitants, who were likely to be effected, were given an opportunity to submit objections in writing within a month from the date of draft notification in terms of Ss. 4 and 5 of the Bihar Municipal Act, 2007 (hereinafter referred to as the Act of 2007).

(3.) Petitioner No 1 was Mukhiya of Babhangama Gram Panchayat, Petitioner No 2 was Mukhiya of Thalha Garhia South, Petitioner No 3 was Mukhiya of Latauna North and Petitioner No