DILIP KUMAR DEEPAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since the same notification dtd. 3/3/2021, issued by the Department of Urban Development and Housing, Government of Bihar, whereby Nagar Panchayat, Kasba has been upgraded and constituted as Nagar Parishad, Kasba is under challenge in both the writ applications identical legal issues, they have been heard together with the consent of the parties and are being disposed of by present common judgment and order.

(2.) The petitioners in CWJC No. 6317 of 2021("the first case' for short) are residents of the villages falling under Gram Panchayat Bareta. In its original form, a notification issued vide Memo No. 4372 dtd. 26/12/2020 was under challenge in this application whereby the State Government came out with its intention under Sec. 4 of the Bihar Municipal Act, 2007 ('The Act' for short) to declare, by way of upgradation, Nagar Panchayat Kasba to Nagar Parishad. It is noted that under Sec. 5 of the Act, any inhabitant of Nagar Panchayat in respect of which a notification is published under Sec. 4 of the Act is permitted to raise objection within one month from the date of its publication to anything contained in the notification and submit it in writing to the State Government. Sec. 5 of the Act further stipulates that if such objection is filed, the State Government shall take such objection into consideration.

(3.) It is the petitioner's case that an objection was filed by them on 29/12/2020 addressed to the District Magistrate, Purnea, a copy of which has been brought on record by way of Annexure-4 to the writ application. The State Government thereafter came out with final notification under Sec. 6 of the Act issued vide Memo No. 1020 dtd. 3/3/2021. The said final notification is sought to be challenged by seeking amendment in the writ petition through I.A. No. 1 of 2021.