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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Kirti Azad @ Chunchun S/o Late Umakant Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
2. The petitioner, an ex-Mukhiya, of Gram Panchayat Samas Khurd in the district of Sheikhpura, is aggrieved by a notification issued vide Memo. No. 1328 dated 17.03.2021 by Urban Development and Housing Department, Government of Bihar, whereby the said Gram Panchayat has been included in Nagar Parishad, Barbigha, in the exercise of the power vested in the State Government under Section 8 of the Bihar Municipal Act, 2007.
3. We have heard Dr. Anjani Prasad Singh, learned counsel appearing on behalf of the petitioner, Mr. Abbas Haider, learned Standing Counsel No. 6 for the State of Bihar and Mr. Neeraj Kumar Singh, learned counsel for the Nagar Parishad, Barbigha.
4. It is the petitioner’s case that the notification is in teeth of the second proviso to Section 3 of the Act, which mandates that the population of main cultivator workers and marginal cultivator workers of an urban area (larger, medium or transitional) must be less than of 50% of the total population of workers in such area in all cases. The petitioner's case is that 90% to 95% of the panchay
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....
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....
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