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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Kari Choudhary, son of Ramchandra Choudhary – Appellant
Versus
State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna – Respondent
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 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 requiremen....
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