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2022 Supreme(Pat) 105

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Dilip Kumar Deepak, Son of Late Munsi Lal Bishwas – Appellant
Versus
State of Bihar through the Principal Secretary, Urban Development Department, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jitendra Singh, Sr. Advocate Mr. Vikram Singh, Advocate, Mr. Nivedita Nirvikar, Sr. Advocate
For the Respondent:Mr. Subash Prasad Singh, Mr. Sanjeev Nikesh, Advocate, Mr. Suryakant Kumar, Advocate

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

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