JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

A notification dated 03.03.2021, issued by the State Government of Bihar under Section 6 of the Bihar Municipal Act, 2006(hereinafter referred to as ‘the Act’), whereby Nagar Panchayat Simri Bakhtiyarpur has been upgraded to a Nagar Parishad by adding two Gram Panchayats, namely, Khamhauti and Simri, is under challenge in the present writ application. The petitioner is resident of the Simri Gram Panchayat.

2. Before issuance of the impugned notification under Section 6 of the Act, a notification dated 26.12.2020 was issued by the Urban Development and Housing Department, Government of Bihar declaring its intention to constitute by upgrading the said Nagar Panchayat Simri Bakhtiyarpur to Nagar Parishad (Simri Bakhtiyarpur) including Simri within its area.

3. Objections were invited from the inhabitants of the area as required under Section 4 of the Act against the proposed upgradation of the Nagar Panchayat into Nagar Parishad. It was mentioned in the notification dated 26.12.2020 that those objections would be considered which were filed through Divisional Commissioner/ District Magistrate. The petitioner had filed an objection under Section 5 of the Act, copies of which have been brought on record by way of Annexure-3 to the writ application, before the Commissioner, Koshi Division, Saharsa and the District Magistrate, Saharsa. Thereafter, the impugned notification dated 03.03.2021 came to be issued by the Urban Development and Housing Department, Government of Bihar.

4. The petitioner has pleaded in the writ application that in both the revenue villages, namely, Simri and Ashrafchak under Gram Panchayat Simri the population of main marginal workers was more than 50% of the total workers and, therefore, its proposed inclusion within the upgraded Nagar Parishad was against the guidelines issued by the Department. The petitioner relied on 2011 census in support of the nature of objection raised by him under Section 5 of the Act.

5. A counter affidavit has been filed on behalf of the State of Bihar stating specifically that the main cultivator and marginal cultivator workers in the upgraded Nagar Parishad is 24.36% of the total number of workers. It is the case of the State of Bihar, accordingly, that there is no violation of statutory requirement under the provisions of the Act including Sections 3(1) and 7 thereof. It has further been stated that the objections/ suggestions received under Section 5 of the Act were initially considered by a committee at the District level and the decision/ suggestion of the said committee was forwarded to the Department. The State Government after taking into consideration the objections/ suggestions has issued the impugned notification dated 03.03.2021.

6. Mr. Siya Ram Shahi, learned counsel appearing on behalf of the petitioner has vehemently argued that Section 5 of the Act requires consideration of objections submitted under the said provision by the State Government, whereas, in the present case, objections were considered by a district level committee whereafter the State Government, without any application of mind, issued the impugned notification dated 03.03.2021. He has submitted that it was incumbent upon the State Government to have passed an order on the objection filed by the petitioner and others.

7. We have perused the joint objection filed by the petitioner and three other persons objecting to the proposal to upgrade the Nagar Panchayat to Nagar Parishad by including two villages, namely, Simri and Ashrafchak. It is evident from the pleadings in the writ petition as also the statement made in the said objection filed by the petitioner under Section 5 of the Act that it is the petitioner’s case that total number of cultivator workers and marginal cultivator workers of the two villages, namely, Simri and Ashrafchak is more than 50% of the total population of workers in the said two villages and, therefore, inclusion of the said villages within the a