IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13427 of 2021

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1.

Md. Mukhtar Alam Son of Late Sheikh Jahir Resident of Village- Fanhan,

P.S.- Udakishunganj, District- Madhepura.

2.

Bibi Nurani Wife of Md. Mukhtar Alam Resident of Village- Fanhan, P.S.-

Udakishunganj, District- Madhepura.

... ... Petitioners

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna.

2.

The Secretary Urban Development Department, Govt. of Bihar, Patna.

3.

The Joint Secretary Urban Development Department, Govt. of Bihar, Patna.

4.

The Additional Secretary Urban Development Department, Govt. of Bihar,

Patna.

5.

The Divisional Commissioner Kosi Division, Saharsa.

6.

The District Magistrate Madhepura.

7.

The Sub Divisional Officer Udakishunganj, Madhepura.

8.

The Block Development Officer Udakishunganj, Madhepura.

9.

The Circle Officer Udakishunganj, Madhepura.

... ... Respondents

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Appearance :

For the Petitioners

:

Mr. Rajeev Kumar Singh, Advocate

Mr. Alok Kumar Singh, Advocate

For the Respondents

:

Mr. Shankar Kumar, AC to AAG-7

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE MADHURESH PRASAD

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

Date : 12-05-2022

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,

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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 under Article 243-Q(2) of the Constitution as a

condition precedent for constitution of a municipality under the

said Article.

3. In paragraph 5 of the writ petition, the petitioners

have mentioned the names of the Gram Panchayats, which,

according to the petitioners, have been included in the newly

constituted Nagar Parishad, Udakishunganj, which also, in our

opinion, is an incorrect statement as the said names are the names

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of the villages mentioned in column 3 of the notification and not

the names of the Gram Panchayats.

4. We have heard Mr Rajeev Kumar Singh, learned

counsel assisted by Mr Alok Kumar Singh for the petitioners and

Mr Shankar Kumar, learned A.C. to AAG-7 for the State of Bihar.

5. Counter affidavits have been filed on behalf of

respondents No.2 to 4 and 6 to 9. A rejoinder affidavit has also

been filed on behalf of the petitioners to the counter affidavit filed

on behalf of the respondents No. 6 to 9.

6. From the pleadings on record, it appears that there are

certain facts leading to the issuance of the impugned notification

dated 03.02.2021 in the exercise of powers conferred on the State

Government under Section 3(1)(a), 4, 5, 6 and 8 of the Bihar

Municipal