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2010 DIGILAW 1576 (PAT)

Sangita Devi v. State Of Bihar

2010-07-16

R.M.DOSHIT, S.K.KATRIAR

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ORDER : (Per: HONOURABLE THE CHIEF JUSTICE) Learned Advocate Mr. Nalin Kumar appearing for the writ petitioner is not present in court. 2. Heard learned Additional Advocate General Mr. P.K. Verma. 3. The petitioner, a Member of Panchayat Samittee, has filed this Petition under Article 226 of the Constitution to challenge the action of the State Government in formation of Parsa Bazar Nagar Panchayat under section 3 of the Bihar Municipal Act 2007 (hereinafter referred to as “the Act”). 4. It is the complaint of the writ petitioner that the area of the Bisahi Panchayat which is proposed to be included in the Nagar Panchayat is a village where 90% of the population depends upon the agriculture. It is also her complaint that the requisite procedure envisaged by the Act has not been followed. 5. In answer to the Writ Petition, the State Government has filed counter affidavit. It is indicated that a proper inquiry was made in respect of formation of Parsa Bazar Nagar Panchayat. A report was made by the District Magistrate, Saran (Chapra) on 27th December 2008. The total population of the proposed Nagar Panchayat was 36520 and the area was 6109-81 acres. 77% of the total population were non-agriculturists. The area had the facilities of Schools, Banks, Health Centres etc. After receipt of the report, the Notification under section 4 of the Act was issued and was published in the official gazette and in the local Newspapers on 13th June 2009. It was also displayed on the conspicuous place in the office of the Collector and in the office of the Municipality. Despite the publication of the Notification issued under section 4 of the Act, no objection was received against the proposed formation of the Nagar Panchayat. The declaration under section 6 of the Act forming the Parsa Bazar Nagar Panchayat was issued on 12th January 2010. Thus, Parsa Bazar Nagar Panchayat has been formed since 10th January 2010, Nagar Panchayat elections have been held and the result has been declared. The above statements are substantiated by documentary evidence. 6. In view of the above facts, the grievance made by the writ petitioner is misconceived. 7. The Petition is dismissed in limine.