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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Navin Kumar S/o Chitranjan Thakur – Appellant
Versus
State of Bihar – Respondent
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 Mukhi
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.
The court emphasized the discretion of the State Government to declare its intention to specify an area as a larger urban area, medium urban area, or transitional area, and the mandatory nature of th....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
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