IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1662 of 2006 MANOJ KUMAR SINGH, S/O- LATE RAM EKBAL SINGH, RESIDENT OF VILLAGE, P.O. & P.S.- MOHIUDDIN NAGAR, DISTRICT- SAMASTIPUR :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PANCHAYAT RAJ, BIHAR. 3. THE DEPUTY SECRETARY, TOWN DEVELOPMENT DEPT., GOVT. OF BIHAR, PATNA. 4. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, SAMASTIPUR. 5. THE DISTRICT PANCHAYAT RAJ OFFICER, SAMASTIPUR. 6. THE SUB-DIVISIONAL OFFICER, PATORI, SAMASTIPUR :--- RESPONDENTS. ----------- 2. 27.01.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notification of the Urban Development Department dated 13.02.2001, Annexure-14, whereunder the notification dated 21.07.1975 constituting Mohiuddin Nagar Notified Area Committee has been cancelled in the light of the order of the High Court dated 30.03.2000 passed in C.W.J.C.No. 8123 of 1989, Annexure-10. Perusal of the order dated 30.03.2000, Annexure-10 indicates that for - 2 - the area which comprised of Mohiuddin Nagar Notified Area Committee two Gram Panchayat i.e. Mohiuddin Nagar North and South Gram Panchayats have been constituted vide notification dated 13.06.1994 under Bihar Panchayat Raj Act, 1993. Before establishing Mohiuddin Nagar Notified Area Committee under notification dated 21.07.1975 the notification establishing Mohiuddin Nagar Gram Panchayat under Section 3 of the Bihar Panchayat Raj Act, 1947 read with Rule 4 of the Bihar Panchayat Miscellaneous Rules, 1961 should have been cancelled. 3. It appears, the notification constituting Mohiuddin Nagar Gram Panchayat was not cancelled and notification dated 21.07.1975 constituting Mohiuddin Nagar Notified Area Committee was issued. Aforesaid illegality was noticed later - 3 - whereafter Mohiuddin Nagar Gram Panchayat was bifurcated into two Gram Panchayat under notification dated 13.06.1994. As the Mohiuddin Nagar Gram Panchayat has been bifurcated into two Gram Panchayats i.e. Mohiuddin Nagar North and South Gram Panchayat under notification dated 13.06.1994, the same should function as an institution of the Panchayati Raj until the same is notified as Nagar Panchayat after cancelling the notification dated 13.06.1994. 4. Writ application stands disposed of. P.K.P. (V.N.Sinha,J.)