NAGAR PARISHAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for respondent no. 5 Zila Parishad.

(2.) THIS writ petition has been filed by the Nagar Parishad of Jehanabad against the notices published in the newspaper by the officials of Jehanabad Zila Parishad notifying fresh proposal for construction of shops at different places within the area of Jehanabad Nagar Parishad and inviting applications from persons desiring to have shops.

(3.) ON the other hand, learned counsel for respondent no. 5 (Zila Parishad) submits that the lands in question, on which constructions are going to be made, are the exclusive lands of the Zila Parishad standing in its own name and the Zila Parishad has got every right to have lands at any place and its right and title cannot be legally affected on the mere ground that the said lands are situated within the jurisdiction of the Nagar Parishad. He further submits that the rights and responsibilities of the Nagar Parishad and the Zila Parishad are defined under the Panchayat Raj Act and no such right or responsibility can be interfered with by any other authority. This would also be clear from Section 58 of the Municipal Act, which provides management and control of the Municipality (Nagar Parishad) over certain lands and the lands belonging to and recorded in the names of other authorities, including the Zila Parishad, are conspicuous by their absence in the said provision.