Vinod Tiwari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8254 of 2021 ====================================================== Vinod Tiwari, son of Late Sharda Tiwari, Resident of village- Ghogharia Tola Ghato, P.S.- Bodhgaya, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

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

4.

The Divisional Commissioner, Gaya.

5.

The District Magistrate, Gaya, District- Gaya. 6.

The Sub-Divisional Magistrate, Sadar, Gaya.

7.

The Executive Officer, Nagar Parisad, Bodhgaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bibhuti Narayan For the Respondent/s :

Mr. Ashok Kumar Ms. Deepika Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 11-02-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner is seeking a direction to respondent nos. 4 and 5 to dispose of his objection filed on 19.01.2021 in response to a notification issued by the Urban Development and Housing Department, Government of Bihar dated 26.12.2020 under various

Patna High Court CWJC No.8254 of 2021(3) dt.11-02-2022 2/2 provisions of Bihar Municipal Act including Section 4 of the Act. Section 4 of the Act requires the State Government to publish by notification in official gazette and in at least two leading newspapers, its intention to constitute a municipal area to the inhabitants of the local area concerned. Section 5 of the said Act permits any inhabitant of the city, town or nagar parisad to submit his objection in writing to the State Government within one month from the date of its publication.

The petitioner after filing objection against the said notification has filed the present writ application seeking consideration of objection.

In our opinion, this writ application is wholly misconceived.

The learned counsel appearing on behalf of the petitioner has submitted that till date final notification has not been issued subsequent to the declaration in question for up-gradation of Nagar Panchayat, Bodhgaya to Nagar Parisad, Bodhgaya. This application is accordingly dismissed.

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