SHIVADHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have obtained a rule from Court as to why the two notifications dated 3-2-1976 contained in Annexure '3' and the other dated 4-2-1976 contained in Annexure '2' issued by the State of Bihar acting in exercise of the powers under Sections 388 and 389 of the Bihar and Orissa Municipal Act, (briefly the Act) respectively, be not quashed and cancelled.

(2.) The State of Bihar earlier had issued a draft notification under Section 388 (1) of the Act on 26-6-1973 to constitute a notified area known as 'Maner Notified Area' comprising seven villages, namely, (1) Maner, (2) Sarai Maner, (3) Ahiyapur Maner, (4) Nahinawan, (5) Mohanpur, (6) Mahopur and (7) Geyaspur, as mentioned in the said notifications issuing objections and suggestions from the persons likely to be affected and suggesting application of various provisions of the Act mentioned in the Schedule of the Act such as Sections 8 to 10, 21, 23, 25, 27, 29 to 33 and 34. 35, 50 (removal of the vice-chairman) and various other provisions which need not be mentioned. On 4-2-1976 the Government of Bihar issued another notification (Annexure '2') in the exercise of the powers under Section 388 of the Act declaring the constitution of a notified area consisting of only the first five villages mentioned in the draft notifications with boundaries in a schedule attached thereto which were formed into a Notified Area Committee.

(3.) By the other notification dated 3-2-1976 (Annexure '3') the State of Bihar in exercise of the powers under Section 389 (c) appointed a Committee for carrying out the purposes of the notified area consisting of as many as 39 members.