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2022 Supreme(Pat) 281

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Parwez Alam, son of Alauddin Azad – Appellant
Versus
State of Bihar through the Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashish Giri, Ms. Shrishti Singh, Advocate
For the Respondents: Mr. Kinkar Kumar, adv

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The petitioner has put to challenge, in the present writ application filed under Article 226 of the Constitution, a notification bearing No. 1003 dated 03.03.2021, issued by the Urban Development and Housing Department, Government of Bihar, whereby Nagar Panchayat Chakia has been upgraded to Nagar Parishad, in exercise of powers conferred under the provisions of Sections 3(1)(a), 4, 5, 6 and 8 of Bihar Municipal Act, 2007 (for short ‘the Act’).

2. The petitioner claims to be resident of Nagar Panchayat Chakia. It appears from the pleadings on record that he has objection against inclusion of Wards No. 8, 9, 10, 11, 12 and 13 falling in EB No. 292 to 299 of Nagar Panchayat Chakia within the area of Nagar Parishad, Chakia. It is evident from the impugned notification issued under Section 6 of the Act that before issuance of the said notification, a declaration of the intention of the State Government to upgrade the Nagar Panchayat to Nagar Parishad was notified vide notification No. 4380 dated 26.12.2020. Section 5 of the Act enables the inhabitants of the area to be included within the urban local body proposed to be notified under Section 6 of t

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