Babloo Kumar Sah @ Babalu Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7434 of 2021 ====================================================== Babloo Kumar Sah @ Babalu Kumar Sahu, male, aged about 44 years, Son of Late Arjun Sah Resident of village- Rampur Rauta, P.O. and P.s.- Kuseshwar Asthan, District- Darbhanga ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2.

The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 3.

The District Magistrate, Darbhanga 4.

The Deputy Development Commissioner, Darbhanga 5.

The Block Development Officer, Kuseshwar Asthan, P.O. and P.S.- Kuseshwar Asthan, District- Darbhanga ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Bipin Bihari Singh, Adv.

For the Respondents :

Mr. Abbas Haider SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 10-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. The petitioner has a grievance that a Gram Panchayat Raj Kusheshwar Asthan South has been wrongly included in Nagar Panchayat, Purvi constituted by a notification dated 03.03.2021 issued by the Urban Development Housing

Patna High Court CWJC No.7434 of 2021(5) dt.10-02-2022 2/3 Department, Government of Bihar.

3. The writ application was presented in February, 2021 against a notification dated 03.08.2020 issued by the said Department under Sections 3 and 4 of the Bihar Municipal Act, 2007 (for brevity 'the Act'). Before this writ application was formally registered, final notification dated 03.03.2021 has been issued under Section 6 of the Act.

4. Learned counsel appearing on behalf of the petitioner submits that he may be permitted to make representation before the Authorities against the decision of the State Government constituting said Nagar Panchayat in which Gram Panchayat Kusheshwar Asthan South of which the petitioner is a resident, has been included.

5. It is noted, at this stage, that Section 5 of the Act contemplates consideration of objection raised by any inhabitant to the State Government filed within one month from the date of publication of declaration under Section 4 of the Act. The petitioner has not raised any plea that any such objection was raised by them within the period prescribed under Section 5 of the Act against intention of the State Government to notify Kusheshwar Asthan East as Nagar Panchayat.

6. In such view of the matter, we do not find any merit in

Patna High Court CWJC No.7434 of 2021(5) dt.10-02-2022 3/3 the writ application which is, accordingly, dismissed. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/- U