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2022 Supreme(Pat) 867

CHAKRADHARI SHARAN SINGH
Ashok Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Shashi Bhushan Kumar Manglam (in both).
For the Respondents: M/s Yogendra Pd. Sinha, Rajeev Kr. Sinha (in 5886); Subhash Prasad Singh, Dilip Kumar (in 6592).

Chakradhari Sharan Singh, J.—In both these matters the petitioners put to challenge a notice dated 26.12.2020 under Section 4 of the Bihar Municipal Act, 2007 (hereinafter referred to as ‘the Act’) issued by the State Government declaring its intention to notify Baheri Nagar Panchayat. The objections from the inhabitants of the area were invited under Section 5 of the Act. It is an admitted fact that despite opportunity available to these petitioners they did not raise any objection against the proposal of the State Government to notify Baheri as Nagar Panchayat.

2. During pendency of the writ application, the State Government came out with a final notification dated 03.03.2021 under Section 6 of the Act notifying Baheri as Nagar Panchayat. The said notification is sought to be challenged by seeking amendment in CWJC No. 5886 of 2021 through I.A. No. 1 of 2021. Similar application seeking amendment has been filed in CWJC No. 6592 of 2021. Since challenge in both the applications is to the same notification under Section 4 of the Act dated 26.12.2020 and subsequent notification under Section 6 of the Act dated 03.03.2021, they have been heard together with the consent of the parties

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