`` IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.287 of 2011 Mahendra Das & Anr Versus The State Of Bihar & Ors ----------- 3 5-7-2011 Heard learned counsel for the appellants, learned counsel for the State and learned counsel appearing for the State Election Commission. On behalf of the appellants it has been submitted that the writ court should not have dismissed the writ petition on the ground that the petitioner/appellants did not file any objection to the draft publication and ought to have considered whether the objections filed by others have been validly considered or not. It was next submitted on merits that the State Government has rejected the objections filed by other persons on the basis of materials in the report made by the District Magistrate, Begusarai without resorting to further detailed enquiry in respect of objections raised by others. The main grievance raised by other objectors appears to be that determination of occupation of the residents would disclose that non-agricultural population is not more than 75%. We have considered the grievance of the appellants and we find that although there is statutory provision for 2 filing objection but they did not avail that opportunity and now they are relying upon objection filed by others. This may or may not amount to waiver in strict sense the term but it shows that they are not having sufficient interest or locus standi in the matter and appear to be busy bodies. So far as grievance in respect of inadequacy of enquiry is concerned, there is no violation of any provision of the Act in the action taken by the respondent in converting Nagar Parishad at Begusarai into Municipal Corporation. The scheme of the relevant provisions only requires adequate care to be taken by the authority before coming to an administrative decision. We do not find any good ground to doubt the report of the District Magistrate or the legality of decision taken by the Government. A tendency to stick to the status quo on the part of persons who may have enjoyed status under the Gram- panchayats, is understandable but, in our view, that should not become an obstacle in the path of the Government if it considers that a particular area has acquired the required characteristics and needs to be upgraded and constituted as a Municipal Corporation. Such changes in effect do not 3 interfere with rights of the residents. Only the nature of the rights change and it is difficult to accept that the change is for the worse, as argued on behalf of appellants. The appeal is dismissed as one without merits. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)