KISHORE K.MANDAL
Dinesh Kumar Himanshu – Appellant
Versus
State of Bihar – Respondent
A group of persons claiming themselves to be the inhabitants of areas/places falling within Post Office and P.S. Mahua in the District of Vaishali at Hajipur have joined hands in filing the present writ petition. It was initially filed as a class action questioning the sustainability of the notification issued by the State Government in the department of Urban Development and Housing (as contained in Annexure-10) whereby the respondent State notified and constituted Mahua Nagar Panchayat (for short “the Nagar Panchayat”) in exercise of its power conferred under Section 6 of the Bihar Municipal Act, 2007 (for short “the Municipal Act”). The petitioners sought leave of the Court to convert the writ petition filed as P.I.L into a writ petition by amending the subject matter and on grant of leave the subject matter was amended and it was placed before this Court for consideration.
2. Heard Mr. S.B.K. Manglam learned counsel for the petitioners and Mr. Ajay, GA-12 for the State.
3. Parties have exchanged their pleadings.
4. Few relevant facts need to be first indicated. Before the impugned notification Mahua was a Gram Panchayat governed by Bihar Panchayat Raj Act 2006 (for short “the
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