The discretionary nature of the State's power in issuing notifications under the Bihar Municipal Act, 2007, and the legislative character of such notifications, as well as the absence of a requirement for passing reasoned orders upon objections received, were the central legal principles established in the judgment.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. Since the same notification dated 03.03.2021, issued by the Department of Urban Development and Housing, Government of Bihar, whereby Nagar Panchayat, Kasba has been upgraded and constituted as Nagar Parishad, Kasba is under challenge in both the writ applications identical legal issues, they have been heard together with the consent of the parties and are being disposed of by present common judgment and order.

2. The petitioners in CWJC No. 6317 of 2021 (“the first case’ for short) are residents of the villages falling under Gram Panchayat Bareta. In its original form, a notification issued vide Memo No. 4372 dated 26.12.2020 was under challenge in this application whereby the State Government came out with its intention under Section 4 of the Bihar Municipal Act, 2007 ('The Act' for short) to declare, by way of upgradation, Nagar Panchayat Kasba to Nagar Parishad. It is noted that under Section 5 of the Act, any inhabitant of Nagar Panchayat in respect of which a notification is published under Section 4 of the Act is permitted to raise objection within one month from the date of its publication to anything contained in the notification and submit it in writing to the State Government. Section 5 of the Act further stipulates that if such objection is filed, the State Government shall take such objection into consideration.

3. It is the petitioner's case that an objection was filed by them on 29.12.2020 addressed to the District Magistrate, Purnea, a copy of which has been brought on record by way of Annexure-4 to the writ application. The State Government thereafter came out with final notification under Section 6 of the Act issued vide Memo No. 1020 dated 03.03.2021. The said final notification is sought to be challenged by seeking amendment in the writ petition through I.A. No. 1 of 2021.

4. I.A. No. 1 of 2021 stands allowed. The petitioners have been permitted to question the legality of the said final notification dated 03.03.2021 in CWJC No. 6317 of 2021. The averments made in I.A. No. 1 of 2021 have been treated to be part of the pleadings in the main writ application.

5. One intervention application vide I.A. No. 2 of 2021 has been filed for impleadment as respondents to support the case of the petitioners. The said intervention application is misconceived in the Court's opinion, and is accordingly dismissed.

6. We will discuss later, the grounds taken by the petitioners of the first case i.e. CWJC No. 6317 of 2021 to question the validity of the impugned notification dated 03.03.2021.

7. The petitioners of CWJC No. 19552 of 2021(,the second case’ for short) are also residents of the same Bareta Gram Panchayat who have filed this writ petition after issuance of the impgned notification dated 03.03.2021 under Section 6 of the Act. The aforesaid is the background in which both the cases have been heard together.

8. We have heard Mr. Jitendra Singh, learned Senior Counsel appearing on behalf of the petitioners in the first case and Mrs. Nivedita Nirvikar, learned Senior Counsel for the petitioners in the second case. Mr. Subhash Prasad Singh, learned GA-3 has represented the State of Bihar and Mr. Sanjeev Nikesh, the State Election Commission, Bihar in both the cases.

9. Briefly narrated, the case of the petitioners of the first case is that according to the data based on 2011 census, more than 50% of the workers of Bareta Gram Panchayat are agricultural workers as would be evident from the Job Card List and 'PM Kishan Report'. The Panchayat consists of 75% irrigated land and 75% of the population lives in the hutments located on the road side. There are 20% Indira Awas beneficiaries; 30% of the workers work outside the village and rest of the population consists of cultivators (small and marginal). These facts, according to the petitioners, can be verified and seen through virtual mode with the help of Internet. No enquiry has been made by the respondents during COVID-19 pandemic for up