The provisions of the Bihar Panchayat Raj Act, 2006 shall have no application in respect of the areas to which the provisions of the Municipal Act are applied.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. A Division Bench of this Court in its decision rendered on 17.01.2022 in CWJC No. 7446 of 2021 (Usha Devi and Others vs. State of Bihar and Others) and another analogous matter has dealt in detail the scope of judicial review under Article 226 of the Constitution of India of a decision of the State Government to constitute a Municipal Area in exercise of power under Section 6 of the Bihar Municipal Act, 2007 (hereinafter referred to as the ‘Act’). The said view has subsequently been reiterated by the Division Bench decisions in case of Kirti Azad vs. State of Bihar and Others rendered on 15.02.2022 in CWJC No. 11414 of 2021 and dated 09.03.2022 rendered in CWJC No. 8511 of 2021 (Manoj Kumar and Others vs. State of Bihar and Others) and other analogous matters.

2. In these two cases also, decisions of the State Government taken in exercise of the said power under Section 6 of the Act have been put to challenge. Since both the cases involve the same legal issue, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.

3. The petitioner in CWJC No. 6251 of 2021 was the Mukhia of Manikpur Narottam Gram Panchayat and is a resident of village Sherna under the said Gram Panchayat.

4. The Urban Development and Housing Department, Government of Bihar came out with a notification dated 26.12.2020 declaring its intention to upgrade Nagar Panchayat Kanti to Nagar Parishad Kanti by including, inter-alia, the said village Sherna of Manikpur Narottam Gram Panchayat within the area of the proposed upgraded Nagar Parishad Kanti. The said notification has been put to challenge in CWJC No. 6251 of 2021. During the pendency of the writ application, the Department came out with the final notification under Section 6 of the Act dated 03.03.2021 upgrading the said Nagar Panchayat to Nagar Parishad including within its area, the said Sherna village. By seeking amendment in the writ petition the petitioner has put to challenge the subsequent notification dated 03.03.2021, through I.A. No. 1/2021. Since the final notification issued pursuant to the impugned notification dated 26.12.2020 is sought to be challenged by seeking amendment, I.A. No. 1/2021 is allowed. The petitioner has been permitted to question the validity of the notification dated 03.03.2021. The averments made in I.A. No. 1/2021 filed in CWJC No. 6251 of 2021 have been treated to be a part of the main writ application for the purpose of the present adjudication. Learned counsel for the petitioner has addressed this Court on the point of correctness of the said impugned notification dated 03.03.2021.

5. The petitioners of CWJC No. 5298 of 2021, have put to challenge another notification dated 26.12.2020 issued by the Urban Development and Housing Department, Government of Bihar, declaring its intention to upgrade Mahua Nagar Panchayat to Mahua Nagar Parishad by including two Gram Panchayats within its area, namely, Mangurahi Gram Panchayat and Sherpur Chhatwara Gram Panchayat. In this case also, during the pendency of the writ application, a notification under Section 6 of the Act came to be issued on 26.03.2021, which is sought to be challenged by seeking amendment in the writ application through I.A. No. 1/2021. Since the notification dated 26.03.2021 has been issued pursuant to the draft notification dated 26.12.2020, which is under challenge in the main writ application, I.A. No. 1/2021 stands allowed. Petitioners thus stand permitted to question the validity of the notification dated 26.03.2021 (Annexure-P-10) in CWJC No. 5298 of 2021. Averments made in I.A. No. 1/2021 have been treated to be a part of the main writ application for the purpose of present adjudication.

6. Mr. S.B.K. Manglam, learned counsel appearing on behalf of the petitioners does not dispute that the legal issues involved in these applications are squarely covered by the decisions of this Court in case of