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Patna High CourtCWJC/1776/2022dismissed

Sudhir Kumar Das v. The State Of Bihar

2022-03-21Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1776 of 2022 ====================================================== 1.

Sudhir Kumar Das Son of Sri Mahendra Das Resident of Ward No.8, Village-Sangrampur Kusmar, P.S.-Sangrampur, P.O.-Sangrampur Kusmar, P.S.-Sangrampur, P.O.-Sangrampur, District-Munger, PIN Code-813212 (Bihar).

2.

Reena Devi Wife of Manoj KUmar Sah Resident of Village-Bhawanipur P.S.-Sangrampur P.O.-Sangrampur District-Munger, PIN Code-813212 (Bihar).

3.

Sanju Kumari Wife of Pawan Kumar Paswan Resident of Village-Jhikuli, P.S.-Sangrampur, P.O.-Sangrampur, District-Munger, Pin Code-813212 (Bihar).

4.

Nutan Kumari Wife of Dinesh Yadav Resident of Ward No.12, VillageSangrampur P.S. Sangrampur P.O.-Sangrampur, District-Munger, PIN Code813212 (Bihar). 5.

Kavita Devi Wife of Naresh Das Resident of Village-Chandania, P.S.- Sangrampur P.O.-Sangrampur District-Munger, PIN Code-813212 (Bihar). 6.

Neelesh Kumar Son of Surendra Prasad Singh Resident of Village-Ward No. 10 Village-Sangrampur P.S.-Sangrampur P.O.-Sangrampur, District-Munger, PIN Code-813212 (Bihar).

... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secreary, Urban development Department, Government of Bihar, Patna.

2.

The POrincipal Secretary, Urban Development Department, Government of Bihar, Panta.

3.

The Deputy Secretary to The Government, Department of Urban and Housing, Government of Bihar, Patna.

4.

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

The Additional Chief Secreary to the Government, Department of Panchayati Raj, Government of Bihar, Patna.

6.

The Deputy Secreary to The Government, Urban Development Department, Government of Bihar, Patna.

7.

The District Magistrate-Cum-District Election Officer (Panchayat), Munger. 8.

The Sub Divisional Officer, Tarapur, District-Munger. 9.

The Block Development Officer-Cum-Returning Officer, BlockSangrampur, District-Munger. ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Shri Prakash Srivastava For the Respondents :

Mr. Yogendra Pd. Sinha (Aag7) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

Patna High Court CWJC No.1776 of 2022(6) dt.21-03-2022 2/2 and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 21-03-2022 A notification dated 28.12.2021 issued by the Urban Development and Housing Department, Government of Bihar, is under challenge in the present writ petition declaring its intention to constitute Nagar Panchayat, Sangrampur. The said notification has been issued under Section 4 of the Municipal Act, 2007. The petitioners, who are elected office bearers of Gram Panchayats Kusumar and Jhikuli, are assailing the said notification mainly on the ground that the same has been issued soon after their elections. The petitioners have filed objection under Section 5 of the Act, as has been stated in the writ petition.

In our view, this application is premature and is dismissed on that ground alone.

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