Sumit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1567 of 2022 ====================================================== 1.

Sumit Kumar Singh, aged 34 years, Male, Son of Dinanath Singh Resident of Umdha, Fakuli, Police Station- Muffasil, District- Saran. 2.

Bishun Sah, aged 66 years, male, Son of Late Yamuna Sah Resident of Newazi Tola, Jail Shahar, Police Station- Revilganj, District- Saran. 3.

Lilawati Devi, aged 51 years, Female, W/o Mukhlal Mahto Resident of Barbakpur Dharmi Tola, Pirauna, Police Station- Garkha, District- Saran. 4.

Nilu Devi @ Neelu Devi, aged 51 years, Female, Daughter of Pashupati Singh, W/o Sri Janaranjan Singh Resident of Naini, Police Station- Muffasil, District- Saran.

... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Patna.

2.

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

3.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Saran Division, Chapra. 5.

The District Magistrate, Saran.

6.

The District Panchayat Raj Officer, Saran.

7.

The Additional Collector, Saran.

8.

The Director, Account Administration and Self Employment Officer, District Rural Development Agency, Saran.

9.

The District Statistical Officer, Saran.

10.

The District Agriculture Officer, Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Y. V.Giri, Sr. Adv. with Mr. Lakmesh Marvind, Adv.

For the Respondents :

Mr.Yogendra Pd. Sinha, AAG-7 Mr. Rajeev Kumar Sinha AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 07-03-2022 This application, under Article 226 of the Constitution of India, has been filed to challenge a notification dated

Patna High Court CWJC No.1567 of 2022(4) dt.07-03-2022 2/2 28-12-2021, whereby the Urban Development and Housing Department, Govt. of Bihar, has declared its intention to extend the area of Chapra Municipal Corporation by inclusion of certain Gram Panchayats within its area.

2. Mr. Y.V. Giri, learned senior counsel appearing on behalf of the petitioners, has submitted that till date final notification has not been issued under Sections 6 and 8 of the Bihar Municipal Act, 2007 (for brevity 'the Act'), though objections have been filed under Section 5 of the Act by the inhabitants.

3. After some argument, in the light of Division Bench decision of this Court in case of Usha Devi and Ors. vs. The State of Bihar & Ors. in C.W.J.C. No.7446 of 2021, he seeks permission to withdraw this application with a liberty to question final notification, if situation so warrants.

4. This application stands dismissed as withdrawn with the aforementioned liberty.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/- U