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2022 Supreme(Pat) 90
IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, Mohit Kumar Shah, JJ.
Rohit Kumar- Petitioner
Versus
The State of Bihar through Principal Secretary and ors. – Respondents
Civil Writ Jurisdiction Case No.2395 of 2022
Decided On : 04-03-2022
Advocate Appeared:
For the Petitioner:Mr. Rohit Kumar, In Person, Mr. Manish Kumar No. 13, Advocate
For the Respondent:Dr. K.N. Singh, ASG Mr. Subhash Prasad Singh, GA-3 Mr. Arun Kumar Arun, Advocate
The importance of following principles of natural justice and allowing alternative remedies in public interest litigation.
Headnote:
Writ Petition - Urban Local Bodies - Bihar Municipal Act 2007, Bihar Municipal (Amendment) Act 2020 - Section 3 - The court discussed the provisions of the Bihar Municipal Act 2007 and the Amendment Act 2020, particularly focusing on the population count based on census 2011 and 2020. The court emphasized the importance of following principles of natural justice and allowing alternative remedies.
Fact of the Case:
The petitioner sought writs for setting aside letters related to the constitution of new Urban Local Bodies and upgradation of old Urban Local Bodies under the Bihar Municipal (Amendment) Act 2020, citing violation of the Bihar Municipal Act 2007 and the population count based on census 2011 instead of 2020. The State opposed the petition, stating it is misconceived and not in public interest.
Finding of the Court:
The court directed the petitioner to file a representation for redressal of the grievance(s) within four weeks, to be considered and disposed of expeditiously by the authority concerned within four months, following principles of natural justice. The court reserved liberty to the petitioner to take recourse to alternative remedies and to approach the Court if needed, without expressing any opinion on merits.
Issues: Misconceived petition, public interest, alternative remedies, principles of natural justice, pandemic-conducted proceedings.
Ratio Decidendi: The court emphasized the importance of following principles of natural justice and allowing alternative remedies, particularly in matters of public interest litigation. It directed the petitioner to file a representation for redressal of the grievance(s) and reserved liberty to take recourse to alternative remedies and approach the Court if needed.
Final Decision: The petition stands disposed of with the directed terms, and interlocutory application(s), if any, stands disposed of.
JUDGMENT :
Sanjay Karol, J.
(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
1. Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):-
(A) For issuance of writ in the nature of certiorari or any other appropriate writ for setting aside of letter No. Kkikad&5 fo0@xBu&02@2017&1769@u0fo0vk0fo0] Memo No. 5/Urban Dep/Consti/02/2017-1769, Memo No. 1769 Patna dated 20.05.2000 under signature of Secretary of Urban development and Housing Department (Contained in Annexure-2 Government of Bihar whereby and where under proposal newly constitution of new Urban Local bodies and upgradation of old Urban Local Bodies under section of 3 of Bihar Municipal (Amendment) Act 2020 and the population is count on census 2011 which is totally violation of section 2(74) of Bihar Municipal Act 2007 when census 2021 is available. However constitution of new Urban Local Bodies and upgradation of old Urban Local Bodies from Panchayat to Municipalities normally can only take place at intervals of 10 years- unless census figures change rural area would remain a rural area and an urban area would remain an Urban area- rural area would not by passage of time without change in figures of census migrate to urban areas.
(B) For issuance of writ in the nature of certiorari or any other appropriate writ for setting aside of Letter No. 5/Urban Dep/ Constitution 02/207-1713/Urban Development and Housing department i= la[;k 5 u0fo0@xBu&02@2017&1713@u0 fo0 ,oa vk0fo0 dated 14.05.2020 under signature of secretary urban development and Housing Department, Government of Bihar Contained in Annexure-1 whereby and where under proposal of Constitution of New Urban Local Bodies and upgradation of old Urban Local Bodies in which counting of Population is Major factor which count on census 2011 when census 2021 is available.
(C) For issuance of a direction(s), order(s) or writ(s) including writ in the nature of Mandamus commanding the concerned respondent authorities to take appropriate steps for revisit as well as reconsider notification letter No. Kkikad&5 u0 fo0@xBu&02@2017&1769@u0fo0vk0fo0] Memo No. 5/Urban Development/Constitution/02/2017-1769 dated 20.05.2020 under signature Secretary of Urban Development and Housing department Government of Bihar (Contained in Annexure-2) whereby and where under proposal newly Constitution of New Urban Local bodies and up gradation of old urban Local bodies under section of 3 of Bihar Municipal (Amendment) Act 2020 and the population is count an census 2011 which is totally bad in eye of law. It has count on census 2020.
(D) For issuance of a direction(s), order(s) or writ(s) including writ in the nature of Mandamus commanding the concerned respondent authorities to take appropriate steps for revisit as well as reconsider Bihar Bazette (Extra Ordinary) No. 484 dated 10.08.2020 whereby and where under Amendment of section 3 of Bihar Municipal Act 2007 of second Proviso of sub-section (1) of Section 3 of the Bihar Municipal Act 2007 shall be substituted by following:-
Provided further that the total population of main cultivator workers and marginal cultivator workers shall be below fifty.
(E) Any other writ/writs for granting any other relief/reliefs for which the petitioners are found entitled to in the facts and circumstance of the present case.
3. Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest; and that the issue can be best resolved at the local level by the appropriate authorities.
4. After the matter was heard for some time, finding the Bench not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, under instructions, states that
