Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7155 of 2022 ====================================================== Subhash Kumar S/o Sri Gopal Paswan, Resident of Village - Near Khadi Bhandar, Naya Tola, ward No. 23, P.S.- Naugachia, District- Bhagalpur, Bihar.

... ... Petitioner/s

Versus

1.

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

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

3.

The Collector Cum District Magistrate Bhagalpur. 4.

The District Panchayat Raj Officer, Bhagalpur, District - Bhagalpur, Bihar. 5.

The Depute Development Commissioner Bhagalpur, District - Bhagalpur, Bihar.

6.

The Block Development Officer Naugachiya, District - Bhagalpur, Bihar. 7.

The Block Panchayat Raj Officer, Naugachia, District - Bhagalpur, Bihar. 8.

The Executive Officer Nagar Parishad Naugachia, District - Bhagalpur. 9.

The District Stastical Officer, Bhagalpur, District - Bhagalpur, Bhihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Thakur, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha (AAG-7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

Patna High Court CWJC No.7155 of 2022 dt.24-06-2022 2/3 ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 24-06-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- The issue raised in this writ petition with respect to correction of territorial electoral area (Ward Suchi) and for declaration that newly constituted Ward No. 11 of Naugachia Nagar Parishad be reserved for scheduled caste as correct number of scheduled caste persons residing in such ward has not

Patna High Court CWJC No.7155 of 2022 dt.24-06-2022 3/3 been taken into account while upgrading Nagar Panchayat, Naugachia into Nagar Parishad, Naugachia in terms of Bihar Municipal Act, 2007 and hearing objections with respect to such re-constitution of Wards and its categorization after its upgradation as Nagar Parishad 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) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2022 Transmission Date NA