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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 7446 of 2021 ======================================================
11. Usha Devi Wife of Basant Kumar resident of village- Lalpati, Post- Baghla, Gram Panchayat- Babhangawa, Police station and Block- Triveniganj, District- Supaul
22. Ajit Kuma Son of Sri Kapleshwar yadav resident of village and P.o.-
Baljora, Under gram panchayat Thalaha Garhia South, Police Station and Block- Triveniganj, District- Supaul
33. Vijendra Yadav Son of Sri Mahadeo Yadav resident of village - Latauna North, P.o.- Latauna, Gram panchayat Latauna North, Police Station and Block- Triveniganj, District- Supaul
44. Sanjay Kumar Das Son of Sri Deo Narayan Das resident of village -
Bisanpur Daparkha, P.o. and Gram panchayat - Daparkha, Police Station and Block- Triveniganj, District- Supaul ... ... Petitioner/s Versus
1. The State of Bihar
2. The Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar, Patna
3. The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna
4. The Joint Secretary Department of Urban development and Housing, Govt.
of Bihar, Patna
55. The District Magistrate, Supaul
66. The District Panchayat Raj Officer, Supaul
77. The Deputy Collector, Land Reforms, Triveniganj, District- Supaul
88. The Sub Divisional Officer, Triveniganj, District- Supaul
99. The Block Development Officer, Triveniganj, District- Supaul
1010. The Circle Officer, Triveniganj, District- Supaul ... ... Respondent/s WITH Civil Writ Jurisdiction Case No 7804 of 2021 ======================================================
1. Shambhu Kumar Yadav S/o Ramashish Yadav, resident of Village-Ward no.-
06, Punaura Paschim, P.O. and P.S.-Punaura, District-Sitamarh, PIN-843302.
2. Shailendra Kumar, S/o Jageshwar Khirhar, resident of Village-Ward no.-04, Amghatta, P.O. and P.S.-Sitamarhi, District-Sitamarh, PIN-843302.
3. Anchala Devi, W/o Santosh Kumar Singh, resident of Village-Ward no.-6, Punaura Purvi, Punaura, P.O. and P.S.-Punaura, District-Sitamarh, PIN-
843302.
4. Israt @ Israt Khatun, W/o Md. Hasim Kuraishi, resident of Village-Ward no.-12, Mehsaul Purvi, P.O.-Mehsaul, P.S.-Sitamarhi, District-Sitamarh, PIN-843302.
5. Ranju Kumari, W/o Mukesh Kumar Yadav, resident of Village-Chakmahila, P.O. and P.S.-Chakmahila, District-Sitamarh, PIN-843302.
6. Mantoria Devi, W/o Siyaram Rai, resident of Village-Ward no.-03, Bishwanathpur, P.O. and P.S.-Dumara, District-Sitamarh, PIN-843301.
7. Shila Singh, W/o Rajkishor Singh, resident of Village-Ward no.-4, Govind Phanda, P.O.-Maniari, P.S.-Punaura, District-Sitamarh, PIN-843327.
8. Sanjeet Kumar, S/o Nagendra Sah, resident of Village-Ward no.-10, Bariyarpur, P.O. and P.S.-Sitamarhi, District-Sitamarh, PIN-843302.
... ... Petitioner/s Versus
1. The State of Bihar through Principal Secretary, Urban Development Department, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development Department, Government of Bihar, Patna.
3. The Principal Secretary, Panchayati Raj Department, Bihar, Patna.
4. The Deputy Secretary, Urban Development Department, Government of Bihar, Patna.
5. The Commissioner, Tirhut Division, Muzaffarpur.
6. The District Magistrate, Sitamarhi.
7. The District Development Commissioner, Sitamarhi.
8. The Circle Officer, Dumara, Sitamarhi.
9. Nagar Parishad, Sitamarhi through its Executive Officer, Nagar Parishad, Sitamarhi.
10. Nagar Panchayat, Dumra through its Executive Officer, Nagar Panchayat, Dumra, Sitamarhi.
... ... Respondent/s ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No 7446 of 2021)
For the Petitioner/s : M/s Harsh Anuj, Prashant Kr, Mithilesh Kr, Advs For the Respondent/s : Mr Ravish Chandra, AC to SC VI (In Civil Writ Jurisdiction Case No 7804 of 2021)
For the Petitioner/s : Mr Rajendra Narayan, Sr Advocate with M/s Anuj Kumar, Pratik Kumar, Advocates For the Respondent/s : Mr Abbas Haider, SC VI M/s Ravish Chandra, R K Singh, (ACs to SC VI)
For the Nagar Nigam : M/s Subodh Kr, Surendra Kishore, Advocates ======================================================
CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD
CAV JUDGMENT
(Per: HONOURABLE MR JUSTICE MADHURESH PRASAD)
Date : 17-01-2022
Mr Rajendra Narayan, learned senior counsel has appeared for the petitioners in CWJC No 7804 of 2021. Mr Harsh Anuj, learned counsel has made submissions for the petitioners in CWJC No 7446 of 2021. The State counsel has also appeared in both the cases. In CWJC No 7804 of 2021, Nagar Parishad, Sitamarhi is also represented by the learned counsel. Parties are in agreement that issues are common in both the writ petitions and, therefore, the matter may be heard together. Accordingly, both these matters have been heard together and are being disposed by this common order.
2 CWJC No 7446 of 2021 was filed with a prayer for quashing the draft notification No 4335 dated 26.12.2020 by the State Government declaring its intention to constitute Triveniganj Nagar Parishad. By the said notification, 4 Gram Panchayats, comprising the area of 5 villages, mentioned in Column 3 of the draft notification, were proposed to be constituted as a municipal area, details of which were specified in Column 5 of the draft notification. By the said notification, inhabitants, who were likely to be effected, were given an opportunity to submit objections in writing within a month from the date of draft notification in terms of Sections 4 and 5 of the Bihar Municipal Act, 2007 (hereinafter referred to as the Act of 2007).
3 Petitioner No 1 was Mukhiya of Babhangama Gram Panchayat, Petitioner No 2 was Mukhiya of Thalha Garhia South, Petitioner No 3 was Mukhiya of Latauna North and Petitioner No 4 was Mukhiya of Daparkha Gram Panchayat.
4 Their specific case is that earlier the Authorities had brought out a similar Notification which was assailed in CWJC No 6369 of 2017. An assurance was made in the said proceedings by the District Magistrate, Supaul that all statutory requirements prior to sending of the recommendation to the State Government shall be followed. In view of such categorical statement, writ petition was disposed of with the hope that the issue shall be finally settled expeditiously and within a period of three months. The Draft Notification dated 13.04.2017, which was the subject matter of the said proceeding, was set aside to facilitate fresh steps in this regard.
5 The instant writ petition has been filed alleging violation of Section 3 of the Act as it existed prior to the Bihar Municipal (Amendment) Act, 2020 (hereinafter referred to as the “Amendment Act, 2020”, published in Bihar Gazette on 10.08.2020, even though the draft notification has been issued thereafter, i e, on 26.12.2020. Learned counsel appearing for the petitioners has submitted that based on the last census of 2011 (Annexure 3), he is in a position to show that requisite non- agricultural population even as per the Amendment Act, 2020 is not satisfied and constitution of urban area is unsustainable in law. We have, thus, allowed him to make his submissions.
6 It is submitted by the learned counsel for the petitioners that the impugned Draft Notification dated 26.12.2020 has again been published illegally without satisfying the requirements of law and also with the oblique motive to disturb the petitioners. After creation of Nagar Parishad, elections will have to be conducted afresh and the petitioners could not continue as duly elected Mukhiyas for their entire tenure, as the Gram Panchayats would cease to exist.
7 It is also submitted by the learned counsel, that for constitution of an urban area, as per Section 3 of the Act of 2007, the agricultural population was required to be less than 50%. Referring to the census of 2011, it has been contended that the population involved in agricultural work in Triveniganj Block is more than 50%. Therefore, creation of Nagar Parishad is unsustainable in view of the proviso to Section 3 (1) of the Act of 2007.
8 The petitioners have stated that they have made their objections by a representation dated 23.01.2021. Copy of the representation is Annexure 4 to the writ p
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