KARI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) A notification dtd. 3/3/2021, issued by the State Government of Bihar under Sec. 6 of the Bihar Municipal Act, 2006(hereinafter referred to as ..the Act..), whereby Nagar Panchayat Simri Bakhtiyarpur has been upgraded to a Nagar Parishad by adding two Gram Panchayats, namely, Khamhauti and Simri, is under challenge in the present writ application. The petitioner is resident of the Simri Gram Panchayat.

(2.) Before issuance of the impugned notification under Sec. 6 of the Act, a notification dtd. 26/12/2020 was issued by the Urban Development and Housing Department, Government of Bihar declaring its intention to constitute by upgrading the said Nagar Panchayat Simri Bakhtiyarpur to Nagar Parishad (Simri Bakhtiyarpur) including Simri within its area.

(3.) Objections were invited from the inhabitants of the area as required under Sec. 4 of the Act against the proposed upgradation of the Nagar Panchayat into Nagar Parishad. It was mentioned in the notification dtd. 26/12/2020 that those objections would be considered which were filed through Divisional Commissioner/ District Magistrate. The petitioner had filed an objection under Sec. 5 of the Act, copies of which have been brought on record by way of Annexure-3 to the writ application, before the Commissioner, Koshi Division, Saharsa and the District Magistrate, Saharsa. Thereafter, the impugned notification dtd. 3/3/2021 came to be issued by the Urban Development and Housing Department, Government of Bihar.