BIRENDRA PRASAD YADAV Vs. STATE OF BIHAR
LAWS(PAT)-2022-5-35
HIGH COURT OF PATNA
Decided on May 12,2022

Birendra Prasad Yadav Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

USHA DEVI VS. STATE OF BIHAR [REFERRED TO]
CHAMPA LAL VS. STATE OF RAJASTHAN AND ORS. [REFERRED TO]


JUDGEMENT

- (1.) Three petitioners in the instant application were the elected Mukhiya of Ramnagar Pharsahi Gram Panchayat, Madhuban Gram Panchayat and Rampur Parihat Gram Panchayat, all in the district of Purnia. They have approached this Court being aggrieved by the process of upgradation/constitution of Nagar Panchayat Jankinagar (Banmankhi) and Nagar Panchayat Rupouli, as also the consequent constitution of the two Nagar Panchayats as being violative of Article 243-Q of the Constitution of India ('the Constitution', in short) and the provisions of the Bihar Municipal Act, 2007 ('the 2007 Act', in short).
(2.) The petitioners' counsel, at the very outset, submits that in view of the decision of this Court in the case of Usha Devi vs. State of Bihar, reported in 2022 (1) PLJR 833, wherein the Division Bench has dealt with the other issues which the petitioners initially proposed to canvass in these proceedings, the counsel would confine his submissions to the effect that Article 243-Q(2) of the Constitution requires the Governor to specify by public notification the requisite population of the area, density of population therein, revenue generated for local administration, percentage of employment in non-agricultural activities, economic importance or any other factor, based on which any area is to be classified and constituted as one of three class of Municipal area. Thus, the two communications dtd. 14/5/2020 and 20/5/2020 issued by the State Government in the Urban Development and Housing Department to all the District Magistrates for initiating upgradation/constitution of Municipal area, is unsustainable. Petitioners have sought quashing of these two communications.
(3.) Since the requisite parameters have not been specified by public notice to determine whether a particular area is a transitional area, a smaller urban area or a larger urban area under Article 243-Q(2) of the Constitution, there was no legal basis for issuance of Notifications dtd. 26/12/2020, declaring the intention of the Government to constitute Nagar Panchayats Jankinagar (Banmankhi), including Madhuban and Ramnagar Pharsahi village; as also for constituting Nagar Panchayat Rupouli by including seven villages of Gram Panchayat Dhobgiddha and Rampur Parihar. The declaration of intention issued by Notification dtd. 26/12/2020, whereby objections have also been invited from the inhabitants of the area, is also assailed in the instant proceedings.;


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