SOMARU PASWAN Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the action that is being proposed to the taken by the State Government on recommendations of the District Magistrate-cum-Collector, Aurangabad to declare Jamhore Nagar Panchayat out of 10 villages including Jamhore. A counter affidavit has been filed in which the basis of such action is disclosed. The petitioner submits that the statutory mandate has not been complied with nor are they fulfilled and as such the very initiation of the exercise in this regard is wholly without jurisdiction.

(2.) Heard the parties including the person interested to intervene and oppose the writ petition and with their consent the writ petition is being disposed of at this stage itself.

(3.) Petitioner contends that basically all the villages are agricultural and there is hardly any urbanization. Being Gram Panchayat the residents of these villages are entitled to various Government incentives like employment under National Rural Employment Guarantee Yojana (NAREGA), Indira Aawas and other social benefit schemes. The total population of all the 10 revenue Thanas which are proposed to be clubbed and notified as Nagar Panchayat is about 18400. They are all basically agriculturists. Though most of them may not have their own land but they worked as agricultural workers. It is submitted that mala fidely and without looking into facts and figures a wrong recommendation was made pursuant whereto the State Government is contemplating of notifying the area as a Nagar Panchayat under the provisions of Bihar Municipal Act, 2007.