NAVIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A Division Bench of this Court in its decision rendered on 17/1/2022 in CWJC No. 7446 of 2021 (Usha Devi and Ors. Vs. State of Bihar and Ors.) and another analogous matter has dealt in detail the scope of judicial review under Article 226 of the Constitution of India of a decision of the State Government to constitute a Municipal Area in exercise of power under Sec. 6 of the Bihar Municipal Act, 2007 (hereinafter referred to as the "Act'). The said view has subsequently been reiterated by the Division Bench decisions in case of Kirti Azad Vs. State of Bihar and Ors. rendered on 15/2/2022 in CWJC No. 11414 of 2021 and dtd. 9/3/2022 rendered in CWJC No. 8511 of 2021 (Manoj Kumar and Ors. Vs. State of Bihar and Ors.) and other analogous matters.

(2.) In these two cases also, decisions of the State Government taken in exercise of the said power under Sec. 6 of the Act have been put to challenge. Since both the cases involve the same legal issue, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.

(3.) The petitioner in CWJC No. 6251 of 2021 was the Mukhia of Manikpur Narottam Gram Panchayat and is a resident of village Sherna under the said Gram Panchayat.