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2022 Supreme(Pat) 100

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Manoj Kumar S/o-Shri Vishwanath Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Urban Development Department, Govt. of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Shri Prakash Srivastava, Ms. Anu Priyadarshi, Ms. Kumari Chandana, Mr. Santosh Bharti
For the Respondents: Mr. Rajiv Roy, Mr. Suresh Kumar, Mr. Yogendra Prasad Sinha, Mr. Shankar Kumar, Mr. Kinkar Kumar, Ms. Deepika Sharma

JUDGMENT :

MADHURESH PRASAD, J.

In all these four writ petitions, the petitioners have assailed the notification dated 26.12.2020 bearing Memo No.4339 declaring the intention of the State Government to constitute Nagar Parishad, Sampatchak, comprising of four Panchayats including 21 villages.

2. The same notification is under challenge in the other three writ petitions also. The same counsel represents the petitioner(s) in all these four cases and, therefore, with the consent of the parties, the four matters have been taken up and considered together.

3. The State has filed counter affidavits in C.W.J.C. No. 8511 of 2021, C.W.J.C. No. 9056 of 2021 as well as in C.W.J.C. No. 11651 of 2021. As per the counter affidavit, final notification bearing Memo. No. 959 dated 03.03.2021, constituting Nagar Parishad, Sampatchak, after completing the process for constituting a Municipal Area specified in Chapter-II of the Bihar Municipal Act, 2007 (in short ‘the Municipal Act’), was issued under Section 6 of the Municipal Act. The State has placed on record various communications in support of their contention that the procedure requisite under Chapter-II of the Act has been followed.

4. Learned coun

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