JAGESHWAR PD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two writ applications challenge a common gazette notification and raise similar questions of law, hence these two applications have been heard together and are being disposed of by this judgment. CWJC 6944/88

(2.) Petitioner No. 1 in this case is the Mukhiya of Khajepura Gram Panchayat and Up-Pramukh of Panchayat Samiti, Patna Sadar of which the aforesaid Gram Panchayat is a constituent; the other Petitioners are residents of the three villages, namely, Khajepura, Amurudha and Samanpura falling under Khajepura Gram Panchayat. It is stated in para 2 of the writ petition that each of these villages consist of a number of tolas.

(3.) Petitioners in this writ application challenge the notification dated June 22, 1988 (published in the Bihar gazette, extraordinary on June 27, 1988) purported to have been issued on the orders of the Governor of Bihar in exercise of powers under Sub-section (3) of Section 514 of the Patna Municipal Corporation Act, in so far as it includes within the limits of Patna Municipal Corporation parts of Khajepura, thana No. 11 with an area of 518.00 acres. A photo copy of the notification is to be found at Annexure 1 and the entry relating to Khajepura which comes under challenge in this case is at serial No. 11 of the notification.