KANHAIYA KUMAR Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner for a direction to the respondent authorities to finalize the process of constitution of Barauni Municipality in the light of report submitted by the District Magistrate, Begusarai vide his letter No. 870 dated 14.05.2016 by which he has submitted the information of Sub Divisional Magistrate, Teghra about constitution of Barauni Municipality and other required documents.

(2.) The contention of the petitioner is that though the District Magistrate, Begusarai has sent his proposal on 14.05.2016 to the Principal Secretary, Urban Development Department, Government of Bihar but the same is still pending with the respondents and no action has been taken on that so far.

(3.) A counter affidavit has been filed on behalf of respondent-State in which it has been stated that the proposal of the District Magistrate, Begusarai regarding constitution of Barauni Nagar Parishad was examined at the departmental level and after finding certain defects in the proposal, the Principal Secretary, Urban Development and Housing Department, Bihar vide his letter No. 5552 dated 22.08.2016 had directed the District Magistrate, Begusarai to send a fresh proposal after removal of the defects as has been pointed out in the said letter. It is further pleaded that from the perusal of the letter dated 5552 dated 22.08.2016, it would be evident that altogether four defects have been pointed out in the proposal in question, firstly, in the proposed municipal body total population has been shown to be 71,660/-, in which four villages namely, Phulwaria, Sokhara, Bara and Nipania Madhurapur have been mentioned, but how much of the population of the villages are included has not been mentioned, secondly, supporting evidence regarding population based on non-agriculture has not been annexed, thirdly, the relevant map of the proposed Nagar Parishad has not been available and lastly, the recommendation of the District Magistrate, Begusarai on the proposal in question is also not available.