MAZHAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The sole petitioner claims to be the resident of village Muskipur under Gram Panchayat Muskipur. He has put to challenge a notification dtd. 26/12/2020 issued by the Urban Development and Housing Department, Government of Bihar, declaring its intention to up-grade Gogri-Jamalpur Nagar Panchayat to Gogri-Jamalpur Nagar Parishad including within its area, the said Muskipur Gram Panchayat. The petitioner's challenge to the said notification is mainly on two grounds as is evident from the submission made on behalf of the petitioner. Firstly, it is the case of the petitioner that no consent has been taken from the Gram Panchayat, Muskipur, before issuance of the said notification, requisite under Sec. 11 of the Bihar Panchayat Raj Act, 2006. It is secondly submitted that the notification does not satisfy the requirement of population as stipulated under the second proviso to Sec. 3(1) of the Act.

(3.) On careful reading of the pleadings in the writ application, in our opinion, the second contention deserves to be rejected outright inasmuch as there is no averment at all to support the said contention that the notification does not fulfill the requirements under the second proviso to Sec. 3(1) of the Act. The said contention is accordingly rejected.