JUDGMENT :

MADHURESH PRASAD, J.

A notification dated 26-12-2020 (Annexure-4) was issued by the State Government notifying the State’s intention to upgrade Nagar Panchayat, Rajgir so as to constitute a Municipal Council, Rajgir. The writ petition has been filed for quashing this notification dated 26-12-2020, issued in exercise of power of the State Government, under Section 4 of the Bihar Municipal Act, 2007 (for short ‘the Act’).

2. During pendency of the writ petition, the Municipal Council, Rajgir has finally been constituted by way of upgradation of the erstwhile Nagar Panchayat, Rajgir by issuance of a notification dated 03-03-2021, issued by the State Government, under Section 6 of the Act. The same has been assailed by way of an Interlocutory Application bearing I.A. No. 01 of 2021.

3. We have heard the learned counsel for the petitioners as well as learned counsel for the respondents.

4. Learned counsel for the petitioners submits that the exercise for upgradation is illegal. The grounds in support of such submission are as follows:-

(i) In the process of upgradation of the Nagar Panchayat, the Authorities have not complied with the requirement of consultation with Nagar Panchaya