JUDGMENT :

Heard the learned counsel for the petitioner, Sri S. B. K. Manglam and the learned counsel appearing for the Respondent-State, Md. Abbas Haider (SC-6).

2. The present writ petition was though filed initially for quashing the recommendation made by the Respondents No. 8 and 9 for Constitution of Bihta Nagar Parishad as also for quashing the draft notification issued by the Respondent No. 2 dated 26.12.2020 published in the daily Hindi newspaper Dainik Jagran dated 27.12.2020 whereby and whereunder the State Government had invited objections against its intention of Constituting the Bihta Nagar Parishad, comprising of group of villages, as mentioned therein, but during the pendency of the present writ petition, the final notification has been issued by the State Government under Section 6 of the Bihar Municipal Act, 2007 vide memo dated 03.03.2021, under the signature of the Joint Secretary, Urban Development and Housing Department, Government of Bihar, Patna, whereby and whereunder Bihta Nagar Parishad has been constituted, hence, now, the same is also sought to be challenged in the present proceedings inasmuch as this Court, by an order dated 16.07.2021, had allowed the amendment petition filed by the petitioners seeking to challenge the said notification dated 03.03.2021.

3. The brief facts of the case, according to the petitioners, are that in the year 2008, the Block Development Officer, Bihta had submitted its recommendation to the District Magistrate, Patna for constitution of the Bihta Nagar Panchayat comprising of various villages namely, Bihta, Olhanpura, Sri Rampur, Patsa, Khedalpura, Amhara, Raghopur, Banwaripur, Bishambharpur, Gokhulpur Korhar and Mahadeopur Fulari, having a population of 37058, on the basis of 2011 census. The District Magistrate, Patna, had then forwarded the said recommendation of the Block Development Officer to the State Government vide letter dated 21.10.2008, whereafter Urban Development and Housing Department had come out with a notification under Section 6 of the Bihar Municipal Act, 2007, constituting the Bihta Nagar Parishad, which was challenged before this Court in CWJC No. 14585 of 2009 and this Court, by an order dated 14.2.2011, had set aside the said notification of the State Government dated 20.5.2009 on the ground that the statutory requirements of Section 4 of the Bihar Municipal Act, 2007 had not been complied with and the final notification did not mention as to whether objections were received or were not received and in case the same were received, whether the same had been considered.

4. It is the further case of the petitioners that subsequently, the State Government came out with a notification dated 12.5.2020 whereby and whereunder Section 3 of the Bihar Municipal Act, 2007 has been amended and it has now been provided that total population of main cultivator workers and marginal cultivator workers shall be below 50% of total population of workers in such area in all cases, hence, it is submitted that the requirement of existence of more than 75% non-agricultural population has been completely done away with, as far as declaring an area to be a municipal area is concerned.

5. It has further been submitted on behalf of the petitioner that the Respondent No. 8 had submitted a report to the Respondent No. 4 i.e. the District Magistrate, Patna for constituting Bihta Nagar Parishad, comprising of the aforesaid villages, falling under four Gram Panchayats, namely, Srirampur, Bihta, Raghopur and Amhara, whereafter a public notice was published in the daily Hindi newspaper Dainik Jagran on 27.12.2020 and objections were invited, to which the petitioners had also submitted objections regarding the draft publication whereby Bihta Nagar Parishad was proposed to be constituted with the population residing in 11 different revenue villages, namely, (i) Bihta (ii) Raghopur (iii) Alhanpura (iv) Banwaripur (v) Shrirampur (vi) Bishambharpur (vii) Patsa (viii) Gokhulpur-Korhar (ix) Kh