Gram Panchayat Madhopur Dullam Urf Debhan v. The Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7667 of 2021 ====================================================== Gram Panchayat Madhopur Dullam urf Debhan through its Mukhiya Binod Ram, Male, Aged about 42 years, S/o- Late Shivnandan Ram R/o VillDhewhan, P.O.- Kanti, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner

Versus

1.

The Government of Bihar Through The Chief Secretary Government of Bihar.

2.

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

3.

The Divisional Commissioner, Tirhut Division, Government of Bihar. 4.

The District Magistrate, Muzaffarpur, Bihar.

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

For the Petitioner :

Mr. Akash Keshav Mr. Vishal Kumar Singh Mr. Shashwat Mr. Deepak Kumar Singh For the Respondents :

Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 03-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Gram Panchayat Madhopur Dullam urf Debhan in the district of Muzaffarpur through its Mukhiya has filed this writ application against an order dated 26.12.2020, whereby Nagar Panchayat, Kanti, has been converted into Municipal Council, Kanti, and some of the Gram Panchayats including the present Gram Panchayat has been included in the said municipal area.

Patna High Court CWJC No.7667 of 2021(4) dt.03-02-2022 2/2 The final notification in this regard was issued on 03.03.2021. It is not in dispute that said Gram Panchayat Madhopur Dullam urf Debhan has merged in the upgraded Nagar Parishad, Kanti. Since there is no Gram Panchayat in the name of Gram Panchayat Madhopur Dullam urf Debhan, as on date, in our opinion, this writ application cannot be entertained at the instance of the said Gram Panchayat.

This writ application is accordingly dismissed as not maintainable. It is, however, made clear that we have not gone into the validity of the notification dated 03.03.2021. Any person aggrieved shall be at a liberty to challenge the said notification in appropriate proceeding.

Learned counsel for the State and Nagar Parishad are present.

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