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2014 DIGILAW 541 (JHR)

Pavitra Kumar Bhattacharya v. State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi

2014-04-24

R.BANUMATHI, SHREE CHANDRASHEKHAR

body2014
Order This Public Interest Litigation has been filed challenging the notification dated 03.09.2011 whereby 11 villages forming part of Chaibasa Municipality have been excluded from the municipality area. 2. The learned counsel appearing for the petitioner has submitted that in complete violation of the provisions of Rules 4 to 6 of the Bihar and Orissa Municipal Act, 1922, the impugned notification has been issued inasmuch as, the objection from the local people were not invited and thus, without considering the objection from the local people, the impugned notification has been issued. It is further submitted that due to impugned notification the local people have been deprived of basic amenities such as road, drainage, drinking water, street light etc. 3. A counter-affidavit has been filed in the matter disclosing that earlier on 04.07.2011 a representation was given by the Union of Manki Munda to the Governor, State of Jharkhand raising a demand for segregation exclusion of 13 villages, including 11 villages (which are subject matter in the present litigation) from the municipal area. It is further disclosed that in the year, 1975 itself vide Resolution dated 01.10.1975, a decision was taken to exclude those villages from the municipal area however, somehow, the said decision could not be implemented. 4. The learned counsel appearing for the respondents has submitted that the provision contained in Bihar and Orissa Municipal Act, 1922 was already taken care of and complied by the respondent-authority in the year, 1975 itself. He has further submitted that while issuing the impugned notification dated 03.09.2011, the representation dated 04.07.2011 from the Manki Munda community given to the Governor, the State of Jharkhand was duly considered and in view of the demand by the majority of the people, the said decision was taken and the impugned notification dated 03.09.2011 has been issued. 5. In view of the aforesaid facts disclosed in the present proceeding, we are not inclined to go into the merits of the matter and issue any direction however, a liberty is reserved with the petitioner to approach the respondent-State of Jharkhand and submit a representation along with the necessary document. The respondent-State of Jharkhand would consider the same and take a decision in accordance with law. 6. With this observation, this Public Interest Litigation is disposed of.