Mahendra Ray v. The State Of Bihar And ORS

Patna High Court CWJC No.3628 of 2016 (2) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3628 of 2016 ====================================================== Mahendra Ray, Son of Late Sonelal Ray, resident of village and P.O. Rasulganj @ Koili, P.S. Nanpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar, represented through the Principal Secretary, Town Planning Development Department, Government of Bihar, Patna.

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

3. District Magistrate, Sitamarhi.

4. Block Development Officer, Nanpur, District - Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-03-2016 None appears on behalf of the petitioner. There is no representation on behalf of the State either. Perused the records.

The petitioner prays to declare the Rasulganj @ Koili Gram Panchayat falling within Nanpur Block in the district of Sitamarhi as a Nagar Panchayat. The reliance is on the population of the Panchayat.

In my opinion, even though the population of the Panchayat is a relevant factor for declaration as a Nagar Panchayat but there are other aspects which needs to be satisfied and finds discussed in Section 3 of the Bihar Municipal Act, 2007 (hereinafter referred to as 'the Act'). The petitioner can take recourse to the remedy provided under 'the Act' by representing the appropriate authority. The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U