Back
CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Md. Mukhtar Alam Son of Late Sheikh Jahir – Appellant
Versus
State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
The petitioners have put to challenge, in the present writ application under Article 226 of the Constitution of India, a notification contained in Memo No.949 dated 03.02.2021 issued by the Urban Development and Housing Department, Government of Bihar, whereby Udakishunganj Nagar Parishad has been created with the inclusion of four Nagar Panchayats, namely, Lakshmipur, Kishunganj, Rampur Kheda and Rahta Fanhan (East part). Names of the fourteen villages falling in the said Gram Panchayats, which would constitute the Nagar Parishad, have been mentioned in column 3 of the said impugned notification. We must indicate, at the outset, that it has incorrectly been mentioned in the writ petition that the said Nagar Parishad has been created by merging 14 Gram Panchayats.
2. On perusal of the writ application, it can easily be understood that the main ground which has been taken to assail the impugned notification is that the same has been done without issuance of a notification as stipulated under Article 243-Q(2) of the Constitution. The four grounds taken in the writ petition in paragraph 2 center around the requirement of issuance of a notification
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....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The provisions of the Bihar Panchayat Raj Act, 2006 shall have no application in respect of the areas to which the provisions of the Municipal Act are applied.
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
