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1976 Supreme(Pat) 115

S.K.CHOUDHURI, HARI LAL AGRAWAL
Shivadhar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioners have ob-tained a rule from Court as to why the two notifications dated 3.02.1976 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 Sec.388 (1) of the Act on 26-6-1973 to consti-tute 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 is-suing objections and suggestions from the persons likely to be affected and suggest-ing 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 Sec.388 of the Act declaring the consti

















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