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SUNITA AGARWAL, SADHNA RANI (THAKUR)
Sushma Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Sanjeev Singh, Sri Pramod Kumar Srivastava, Sri Rama Shanker Mishra learned Advocates for the petitioners, Sri Manish Goel learned Additional Advocate General assisted by Sri A.K. Goel learned Additional Chief Standing Counsel for the State-respondents, Sri Madan Mohan Srivastava learned Advocate for the Nagar Palika Parishad and perused the record.
2. By means of the abovenoted writ petitions, the petitioners seek for quashing of the notification dated 26.10.2016 issued under Section 4 of the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as “the Act, 1916”); alongwith the decision for rejection of their objections dated 13.1.2017 as also the final notification issued under sub-section (2) of Section 3 of the Act, 1916.
Further prayer is to issue a mandamus commanding the respondents not to treat the Nagar Panchayat Bharwari, Kaushambi as upgraded Nagar Palika Parishad, Bharwari, Kaushambi as the conditions of the Government Order dated 10.11.2014 had not been met while issuing the final notification under Section 3(2) of the Act, 1916.
The petitioners herein (in both the writ petitions) are mostly Gram Pradhans of the respective Village Pancha
If two views are possible, the view taken by the competent authority/Executive will not be upset on the ground that the Court thinks that the other (better) view ought to have been taken.
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 notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
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