M.Y.Eqbal, J. - (1.) In this writ application the petitioner has prayed for issuance of appropriate writ directing the respondents, mainly respondent Nos. 1 and 2, the State of Bihar and the Commissioner-cum-Secretary, Urban Development Department to issue noti- fication excluding two villages being Kadru and Argora in the District of Ranchi from the limits of Ranchi Municipal Corporation and further for an order restraining the Municipal Corporation from making any assessment and taking any steps for realisation of tax.
(2.) Petitioner's case is that it is a registered society under the Bihar and Orissa Co-operative Societies Act, 1935. The Government of Bihar acquired land of area 155 acres being part of village Kadru and portion of village Argora and delivered the land to the Society in 1965 for the purpose of development and construction of residential buildings for the members of the society. By an agreement dated 30.1.1969 executed by and between the Governor of Bihar and the Honorary Secretary of the Society about 152/36 acres of land was delivered and the tentative price for the sale of the land was fixed at Rs. 15,69,914.44. It is contended that petitioner/ society developed the land duly approved by the State Government by constructing roads, drainage, water supply, electric connection and sewage system etc. The Society paid full consideration amount to the State Government and spent huge amount for construction of culvert, bridges, home pipes, construction of water tower, shopping complex, community centre and roads etc. It is alleged that about Rs. 1.25 crores have been spent so far for development purposes. It is stated that petitioner/society purchased water directly from the PHED of the State Government and electricity from the Electricity Board. Petitioner's further case is that petitioner/society is maintaining full-fledged office with Engineers, Supervisors, Security Officers and Guards, clerical staff and gardeners for proper maintenance of the colony. In 1977 the State Government issued a notification purported to be under Section 6 of the Bihar and Orissa Municipal Act. 1922 of its intention to include Thana No. 208, 209 being village Kadru and Argora respectively within the limits of Ranchi Municipality. By notification dated 31.10.77 Urban Development Department of the State of Bihar extended Ranchi Municipal Area by inclusion of Thana Nos. 208 and 209.After the establishment of Ranchi Municipal Corporation a Notification dated 15.9.1979 was published in which the aforesaid Thana Nos. 208, 207/206 i.e. Kadru and Argora were included. Petitioner's case is that society represented to the State Government in the matter of aforesaid two notifications and the Government after realising its mistake issued another notification dated 14.4.1983 inviting objection for exclusion of these two Thanas from the Ranchi Municipal Corporation. When the State Government did not pass any order, petitioner-society moved this Court by filing CWJC No. 1774/89(R). The writ application was disposed of by judgment dated 4.8.1990 holding that since by aforementioned notifications dated 23.7.1977 and 31.10.1977 the area in question have been included within Ranchi Municipal Corporation, the two villages will remain in the limit of Ranchi Municipal Corporation. This Court further held that so far notification dated 14.4.1983 inviting objection for exclusion of aforesaid two villages from the limits of the Corporation, it is for the State Government to decide whether it will take further action in the matter. Petitioner then filed Special Leave Petition before the Supreme Court being SLP No. 155518/90. The said SLP was dismissed by the Supreme Court but liberty was given to the petitioner to move the Government or the High Court for a mandamus to issue final notification in pursuance of notification dated 14.4.1983. Petitioner-society then made representation to the State Government for exclusion of two villages and when no order was passed this writ application has been filed for appropriate direction to the State Government to exclude the aforesaid two villages from the limits of Ranchi Municipal Corporation.
(3.) In the counter-affidavit filed by the State of Bihar and the Urban Development Department, it is stated that the preliminary notification dated 14.4.1983 in which Govern- ment notified their intention to excluding two villages namely, Kadru and Argora from the limits of Ranchi Municipal Corporation was issued on the recommendation of the Administrator, Ranchi Municipal Corporation. It is stated that in the writ petition being CWJC No. 1774/89(R) this Court directed the member of the petitioner-society to submit their return as required under Section 134 of Patna Municipal Corporation Act and further directed the Executive Officer of the Corporation to proceed in accordance with law. The respondent's further case is that the residential area of the society is in the village Kadru and Argora and these two villages were long before the part and parcel of the then Ranchi Municipality and subsequently after the constitution of Ranchi Municipal Corporation these two villages automatically included in the Ranchi Municipal Corporation,;