Sikandar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2537 of 2016 ======================================================

1. Sikandar Singh S/o Shri Babu Ram Singh Resident of Village- Chapra (Aghoria Bigha),P.O.- Chandi, P.S.- Akorhi Gola, District Rohtas, Mukhiya of Panchayat Raj, Baradhi.

2. Shiv Bachan Ram S/o Late Mariya Ram resident of Village- Mahuwari , P.O.-Champ, P.S.-Akorhi Gola, District Rohtas, Mukhiya of Panchayat Raj, Pakariya.

3. Shiv kumar Sah S/o Shri Hirah Sah Resident of Village- Gamhariya, Po Gamharia, P.S. Akorhi Gola, District Rohtas, Erstwhile Mukhiya of Panchayat Raj, Baruna.

4. Hare Ram Singh S/o Shri Gupteshwar Singh Resident of villageTetaradh, P.O.- Tetardh, P.S.- Akorhi Gola, District-Rohtas, Mukhiya of Gram Panchayat Raj, Tetaradh.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Urban Development and Housing Department, Govt. of Bihar, Patna

3. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna

4. The Commissioner, Panchayati Raj Department, Govt. of Bihar, Patna.

5. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

6. The District Magistrate, Rohtas.

7. The District Panchayat Raj Officer, Rohtas.

8. The Block Development Officer, Block Akorhi Gola, District Rohtas.

9. The State Election Commission, represented through its Secretary , State Election Commission, Bihar, Sone Bhawan, 3rd Veer Chand Patel Path, Patna -800001 10.The Commissioner, the State Election Commissioner, Bihar Sone Bhawan, 3rd Veer Chand Patel Path, Patna-800001 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Bahadur Singh For the Respondent/s : Mr. Roy Shivajee Nath, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-02-2016 Heard the parties.

Although the petitioner prays for quashing of the notification dated 21.1.2016 whereby the population of the different Panchayats falling within the district of Rohtas has been

Patna High Court CWJC No.2537 of 2016 (3) dt.15-02-2016 notified inter alia on grounds that the numerical figure reflecting therefrom would translate the Gram Panchayat into a Nagar Panchayat but in substance the relief sought is in terms of the advisory issued by the Principal Secretary, Urban Development and Housing Department dated 4.1.2016 present at Annexure-3 whereby the Principal Secretary has advised the District Magistrate across the State to take notice of the population of the Panchayat and adopt steps for its conversion to Nagar Panchayat, under the Bihar Municipal Act, 2007.

A similar issue fell for consideration before this Court in CWJC No. 2260 of 2016 and this Court in consideration of the matter vide order passed on 4.2.2016, disposed of the writ petition with a liberty to the petitioners to represent their grievance before the Principal Secretary, Urban Development and Housing Department in the light of his advisory issued on 4.1.2016 and which is to be considered by the Principal Secretary and be disposed of in accordance with law.

Considering the identical nature of grievance raised herein this writ petition is disposed of in terms of the order passed in CWJC No. 2260 of 2016 accordingly.

(Jyoti Saran, J) deepika/- U