Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9483 of 2022 ====================================================== Dharmendra Singh Son of Late Vishwanath Singh, resident of Village and P.O.- Karup, Via-Gorari, Police Station- Karakat, District- Rohtas.Petitioner/s

Versus

1.

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

2.

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

3.

The Joint Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

4.

The District Magistrate-cum-Collector, Rohtas at Sasaram. 5.

The Deputy Development Commissioner, Rohtas at Sasaram. 6.

The Incharge Officer (Development), Rohtas at Sasaram. 7.

The Circle Officer, Karakat, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha (Aag7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR 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 : 29-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

2/5 Aggrieved by issuance of notification dated 26.02.2020 for inclusion of Village-Karup in Karakat Nagar Panchayat, petitioner and others filed objections dated 23.01.2021, before the District Magistrate, Rohtas, to exclude the village Karup from Nagar Panchayat Karakat and also approached this Court by filing CWJC No. 8843 of 2021, which was disposed of by order dated 19.07.2021, with liberty to approach the District Magistrate who shall consider the representation and pass reasoned and speaking order within three months, pursuant thereto a detailed representation dated 30.07.2021

3/5 along with supporting documents was filed before the District Magistrate which was considered and rejected by order dated 29.01.2022, which is impugned in this writ petition. The District Magistrate on enquiry has held that as per 2011 census the population of the village dependent upon agriculture is less than 50 per cent and as per District Statistical Handbook 48 per cent of the population of village Karup are agriculturist as such village Karup was recommended to be included in the Nagar Panchayat, Karakat, along with other villages, in terms of guidelines issued by department of Urban Development and Housing, Govt. of Bihar.

The District Magistrate has further held that the contention of petitioner that 74.14 per cent of the total population of the village is dependent upon agriculture and 79.50 per cent is agricultural land is not correct. Notification dated 03.03.2021 with respect to constitution of Nagar Panchayat, Karakat, which includes Village-Karup has already been issued by department of Urban Development and Housing Department. Panchayat Elections have already been held and municipal elections are going to be held, as such at this juncture no interference is required with respect to issuance of notification by which village Karup has

4/5 been included in Karakat Nagar Panchayat.

However, it shall always be open for the petitioner to approach the State Government for exclusion of his village Karup from Nagar Panchayat, in view of Section-8 of the Municipal Act, 2007, which reads as follows:- "8. Power to abolish or alter limits of municipal area.- The State Government may, by notification, - (a) withdraw any municipal area or part thereof from the operation of this Act, or (b) exclude from a municipal area any local area comprised therein and defined in the notification, or (c) include within a municipal area any local area contiguous to such municipal area and defined in the notification, or (d) divide any municipal area into two or more municipal areas, or (e) unite two or more contiguous municipal areas so as to constitute one municipal area, or (f) revise the boundary of two or more contiguous municipal areas:

Provided that the procedure laid down for the constitution of a municipal area under this Act shall be followed mutatis mutandis in each such case: Provided further that the views of the Municipality affected by any such notification shall be invited by the State Government within such time as may be specified in the notification, and the State Government shall consider the views of the Municipality as aforesaid before a final declaration is made:

5/5 Provided also that no such notification shall be issued where any part of the municipal area or any neighbouring area is a cantonment or part of a cantonment, as defined in the Cantonments Act, 1924."

The writ petition is, accordingly, disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA