MD. MUKHTAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have put to challenge, in the present writ application under Article 226 of the Constitution of India, a notification contained in Memo No.949 dtd. 3/2/2021 issued by the Urban Development and Housing Department, Government of Bihar, whereby Udakishunganj Nagar Parishad has been created with the inclusion of four Nagar Panchayats, namely, Lakshmipur, Kishunganj, Rampur Kheda and Rahta Fanhan (East part). Names of the fourteen villages falling in the said Gram Panchayats, which would constitute the Nagar Parishad, have been mentioned in column 3 of the said impugned notification. We must indicate, at the outset, that it has incorrectly been mentioned in the writ petition that the said Nagar Parishad has been created by merging 14 Gram Panchayats.

(2.) On perusal of the writ application, it can easily be understood that the main ground which has been taken to assail the impugned notification is that the same has been done without issuance of a notification as stipulated under Article 243-Q(2) of the Constitution. The four grounds taken in the writ petition in paragraph 2 center around the requirement of issuance of a notification under Article 243-Q(2) of the Constitution as a condition precedent for constitution of a municipality under the said Article.

(3.) In paragraph 5 of the writ petition, the petitioners have mentioned the names of the Gram Panchayats, which, according to the petitioners, have been included in the newly constituted Nagar Parishad, Udakishunganj, which also, in our opinion, is an incorrect statement as the said names are the names of the villages mentioned in column 3 of the notification and not the names of the Gram Panchayats.