Manoj Kumar Singh @ Manoj Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5881 of 2022 ====================================================== Manoj Kumar Singh @ Manoj Kumar, son of Late Brahmdeo Narayan Singh, resident of Ward No. 1 Nagar Panchayat-Pipra, Tola-Anandi Patti, P.O.- Mahespur, P.S.-Pipra, District-Supaul.

... ... Petitioner/s

Versus

1.

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

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

3.

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

4.

The Divisional Commissioner, Koshi Division, Saharsa. 5.

The District Magistrate-cum-District Collector-cum-District Officer-cumDistrict Election Officer, Supaul. 6.

The Sub-Divisional Officer, Supaul, District-Supaul. 7.

Block Development Officer, Pipra, District-Supaul. 8.

The Circle Officer, Pipra, District-Supaul.

9.

The State Election Commission, Bihar, Patna through its Chairman. 10.

The Chairman, State Election Commission, Bihar, Patna. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Adv For the Respondent/s :

Mr.Subhash Prasad Singh (GA 3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 24-06-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.5881 of 2022 dt.24-06-2022 2/3

Patna High Court CWJC No.5881 of 2022 dt.24-06-2022 3/3 The issue raised in this writ petition with respect to delimitation and reconstitution of Ward of Nagar Panchayat in order to upgrade the Gram Panchayat into Nagar Panchayat and hearing objections with respect to such re-constitution of Wards after its upgradation as Nagar Panchayat lies exclusively in domain of executive and such disputes cannot be adjudicated by this Court in its discretionary writ jurisdiction. Accordingly, the present writ petition in the nature of PIL is dismissed.

However, dismissal of present writ petition will not preclude petitioner to raise such issues as raised in this writ petition before the appropriate forum under the Bihar Municipal Act-2007.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2022 Transmission Date NA