Kabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8576 of 2021 ====================================================== Kabita Devi W/o Santosh Kumar, R/o Village - Rampur, P.O. Jabra, P.S. - Nokha, Gram Panchayat - Ghosiya, District - Rohtas. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

2.

The Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

3.

The Commissioner, Patna Division, Bihar, Patna. 4.

The District Magistrate, Rohtas (Sasaram).

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

For the Petitioner :

Mr. Awadhesh Kumar For the Respondents :

Mr. Subhash Prasad Singh, GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 16-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

The petitioner seeks quashing of notification No. 4366 dated 26.12.2020 issued by the Urban Development and Housing Department, Government of Bihar, whereby Nagar Panchayat, Nokha, has been upgraded as Nagar Parishad, Nagar Panchayat, Ghosiya, has been merged in the said Nargar Parishad, Nokha.

Learned counsel appearing on behalf of the petitioner, after some argument, agrees that the points, which have been

Patna High Court CWJC No.8576 of 2021(4) dt.16-02-2022 2/2 taken in the present writ application to assail the impugned notification, have been addressed by a Division Bench of this Court in case of Usha Devi and Others vs. The State of Bihar and others (C.W.J.C. No. 7446 of 2021) and analogous matter rendered on 17.01.2022.

Considering the decision in case of Usha Devi and Others (supra), in our opinion, the impugned notification does not require interference by this Court in a proceeding under Article 226 of the Constitution of India.

This application is accordingly dismissed.

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

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