ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both these matters the petitioners put to challenge a notice dtd. 26/12/2020 under Sec. 4 of the Bihar Municipal Act, 2007 (hereinafter referred to as ...the Act...) issued by the State Government declaring its intention to notify Baheri Nagar Panchayat. The objections from the inhabitants of the area were invited under Sec. 5 of the Act. It is an admitted fact that despite opportunity available to these petitioners they did not raise any objection against the proposal of the State Government to notify Baheri as Nagar Panchayat.

(2.) During pendency of the writ application, the State Government came out with a final notification dtd. 3/3/2021 under Sec. 6 of the Act notifying Baheri as Nagar Panchayat. The said notification is sought to be challenged by seeking amendment in CWJC No. 5886 of 2021 through I.A. No. 1 of 2021. Similar application seeking amendment has been filed in CWJC No. 6592 of 2021. Since challenge in both the applications is to the same notification under Sec. 4 of the Act dtd. 26/12/2020 and subsequent notification under Sec. 6 of the Act dtd. 3/3/2021, they have been heard together with the consent of the parties and are being disposed of by present common judgment and order.

(3.) Considering the fact that the notification dtd. 3/3/2021 is sequel to the same notification under Sec. 4 of the Act dtd. 26/12/2020, both the Interlocutory Applications (I.A. No. 1 of 2021 in CWJC No. 5886 of 2021 and I.A. No. 1 of 2021 in CWJC No. 6592 of 2021) are allowed. The averments made in the said Interlocutory Applications have been treated to be part of the pleadings in respective writ applications.